Q: I was awarded a civil judgement for a case in Chancery Court in TN. I waited 45 days, the debtor didn't pay. I filed a
garnishment to attempt to collect the debt. After the garnishment was served to his employer, the debtor claims he is currently in bankruptcy since 2018 and is protected by a "stay". What avenue to I have to try to collect this debt? He has not paid anything on the judgement and it has now been 4 months.
A: If the debtor has an active bankruptcy case then the whole case should have been stayed when he filed bankruptcy. You should look online at the bankruptcy court dockets to determine his bankruptcy status. If he does not have an active case, or was not granted a discharge, then you can garnish bank accounts, wages, and levy real property. But you would be wise to consult with local counsel to review your documents, review and bankruptcy issues, etc. so that you don't get yourself into trouble trying to collect a judgment that may not be collectable.
A: If the debtor has filed a bankruptcy, you cannot take any action unless the case is dismissed. If a discharge is entered, you will be permanently precluded from collecting the debt.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
