Bankruptcy - I heard that my judgemnt-debtor filed for bankruptcy- is it over or can I get paid ?

The real question that matters to you is, "Has my judgment been discharged in bankruptcy"?

As with any process there are many roadblocks and pitfalls along the way.  Let's look at a couple of  them.


Fist this debtor may not qualify for bankruptcy. There are limitations on how often some can file for straight bankruptcy.   He can file but the bankruptcy court will dismiss his petition.   Next there is mandatory credit counseling along with asset and means testing that will determine if you debtor is too wealthy for bankruptcy, or may have to repay some of his debts.  You must be notified of the bankruptcy filing. [If you a receive notice of filing, you must stop all collection activity.]  Failure to notify you, may cause this debt not to be discharged.  Three are certain types of debt that can not be discharged in bankruptcy.

At any point along this path, your debtor or his attorney can drop the ball.  If that happens the court may dismiss the petition.

Often assets are discovered or acquired during the course of bankruptcy.  You want to be first in line to get paid if that happens.

Bottom line is if your debtor files for bankruptcy, the game is not over unless you surrender.

steve a-t JUDGMENTcare ....com

Wage Garnishment - Are you missing out?

Did you know that a landlord can sue, win, and be denied wage garnishment to enforce a judgment?

You must satisfy at least one of the following

• Personal service on the tenant by constable or sheriff (posting is no good)
• Tenant files an answer
• Tenant shows up in court

If none of this happens, then you will be denied wage garnishment. Wage garnishment is the most effective  and fastest way to get money from most renters.  You do not want to loose this option!

Sosphisticated landlords often bait tenants in to appearing in court. Some landlords have said that they told tenants the following:  .

• If you don't go, the judge will give me everything I ask for
• If there is a reason you have for not paying me, you need to file an answer
• I am going to ask the judge for the maximum amount
• Did you know the only guaranteed way for me to win, is if you default

These methods may be especially useful when personal service can not perfected. 

Judgment Tips for Landlords - Before Your Tenant Moves In

Landlords have the ability to enhance the chances of collecting on a judgment by taking a few simple steps.

One of the most important steps in collecting, is being able to find your ex-tenant after they move out. The following measures will virtually guarantee that you can locate your ex-tenant.

• Get as many personal references as you can - and verify them
• Get as many credit references as you can
• Get banking and financial references - at the minimum bank and account numbers
• Get emergency contact persons,
• Is there a doctor they would want you to contact in the event of a medical emergency
• Contact information - nearest living relatives not living with your tenant
• All Vechicle infomation, VIN, make, model, and license, insurance
• Insurance information homeowners/renters policy
• In the event of a single tenant, find out who thier boy/girl friend is, name phone, addres
• Ask about thier work - are they licensed, belong to trade associations
• Get the right to pull a credit-report anytime during thier occupancy of if they owe you money

Everything above can help you locate your ex-tenant, when they do not leave a new address. It is harder to send a bill, sue someone, and collect on a judgment if you cant find them.

Please understand, that I am not saying that Pennsylvania or federal law permits every question. Cbeck with your attorney to see if any questions are prohibited. You may be surprised at the volume of information people will volunteer, if you just let them talk.

You shold also, as part of your lease, require your tenants to keep thier information current. Maybe have them fill a new form each year.