Personal Bankruptcy Judgement for plaintiff

[sswoman]

Jurisdiction

Oklahoma

Hello,
My question is: Can a Judgement to pay an individual be included in a bankruptcy?

I have won a Judgement in a case where the lady was not paying her commercial rental. Then Judgement is for over $5000. I have garnished her wage and she has asked for and received 100% exemption. OH so frustrating after winning the long process then to have her not have to pay me anyway (for now at least). At court she said that she was going to file bankruptcy and include me in this. I am wondering what I can do now, other than wait 6 months and garnish her again.

Thanks in advance for your help and thoughts in this matter.

 

[zddoodah]

Can a Judgement to pay an individual be included in a bankruptcy?

This question is ambiguously worded, but the answer appears to be "maybe."

At court she said that she was going to file bankruptcy and include me in this. I am wondering what I can do now, other than wait 6 months and garnish her again.

The most common ways to enforce a civil money judgment against an individual are wage garnishment and bank levy. If you don't know where your debtor banks, you can hire a private investigator and/or conduct a judgment debtor exam.

If a judgment debtor files bankruptcy, she should include the judgment in her schedule of debts filed along with the bankruptcy petition. If the debtor files under Ch. 7 and is eligible, the debt on which the judgment is based will be discharged and the judgment rendered unenforceable. If the debtor files under Ch. 13, then the judgment creditor may receive some small portion of the amount due as a result of the debtor's Ch. 13 plan. In some circumstances, a debt may be non-dischargeable, but a judgment based on failure to pay rent would not fall into that category.

It's worth noting that lots of folks threaten to file BK and then never do. Likewise, lots of civil money judgments go uncollected.

 

[adjusterjack]

OH so frustrating after winning the long process then to have her not have to pay me anyway (for now at least).

Yeah, tell me about it. I was a landlord for 20 years and had several uncollectible judgments. You might never see a nickel from her.

I am wondering what I can do now,

One thing you can do now is make sure you record the judgment so it becomes a lien on any real estate she owns or will own in the county where the judgment was issued.

The "how to" is in the following statute:

2017 Oklahoma Statutes :: Title 12. Civil Procedure :: §12-706. Scope of section - Creation of lien - Judgment index - Execution of judgment - Effect of filing or recording a judgment - Acceptance by county clerk.

More information on judgments at:

2017 Oklahoma Statutes :: Title 12. Civil Procedure

 

[army judge]

You can win some, you can lose some.

Bankruptcy discharges can be a lifesaver for most who avail themselves of their right.

If you're a creditor, you MAY have the option to recoup something by claiming it as a loss when you next file your income tax return(s).

When it comes to money, I believe some is better than none.