I used my credit card to help someone buy a car with the promise that he would pay me back as soon as he had the money. Now he refuses to pay and is filing for bankrupcy. I filed a suit with the small claims court. However, he told me that he will add that judgement to the bankrupcy. Is there ANYTHING I can do to get, if not all my money, at least part of it? I am located in the state of Florida and so is the borrower. I gretaly appreciate any advice.
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Collecting Small Claim Settlement
- Thread Starter sunny1210
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If he really promised to pay you back "as soon as he had the money", you have a problem. He apparently doesn't have the money. Secondly, if he files bankruptcy and lists this debt, and if the debts are discharged, you're out of luck. Many people threaten bankruptcy. Not everyone who threatens follows through. Make sure he really has filed before you give up.
mightymoose
Moderator
If you sue him you may be able to place a lien on the vehicle.
army judge
Super Moderator
As silly as it may sound, you'll have to wait until he determines he has the money.
You're also in FL, next to TX, a very judgment proof state.
I doubt that you'll ever see a penny of that judgment.
You're learning what many have, small claims court is just another joke on Joe & Jane Public.
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You're also in FL, next to TX, a very judgment proof state.
I doubt that you'll ever see a penny of that judgment.
You're learning what many have, small claims court is just another joke on Joe & Jane Public.
Sent from my iPhone using Tapatalk
army judge
Super Moderator
sunny1210 said:
You don't place a lien on his car.
You have the sheriff seize his car, which is subsequently sold at a sheriff's auction. The proceeds are then returned to you in order to satisfy the judgment.
This can only be done if the person owns a clear title to the vehicle.
It can only be done if you win your case against him and the court gives you a judgment.
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