Rights for the Good Gal

[rukiddingme]

I have a civil judgement against and individual whom has chosen to file bankruptcy. And I do mean "chosen". This is a young abled body male in the painting business who has scammed several families in our community. He is totally able to work but has just chosen to be a loser. I won my civil judgement against him for not completing the work he was under contract to do on my house. Does anyone know how I would go about ensuring my judgement doesnt get dismissed? I want to put a lien on anything he owns. It is about the principal of the matter. I have a 3 year daughter with Cancer and this jerk took money out of our household. We are going after him criminally too but I want my judgement to STICK!!! Any advice.

[originalhealer]

Being that you have filed a civil judgment, the only other option is to press charges. Nothing like jail to wake up the criminal mind!

[sunshine08]

I work in the criminal justice system, about the only alternative you have is to criminally charge him and encourage anyone else that you know that he may have defrauded. You still may not get your money(sorry), but that way if he doesn't pay he could go to jail. Maybe that will wake him up.

[rukiddingme]

I am trying

My husband and I have charged him criminally. He got a smooth lawyer to find a loop hole in how the warrant was worded if you can believe that. How does he afford a lawyer and still go bk. I just dont understand. Anyway, our case was dismissed on a tech. but we are going to refile. I am after this guy with every thing I got. Its not about the money, I dont care if I dont see a dime of it. It is about the principle of him getting away with doing this. I am just one of 4 families in a 5 mile radius he has done this too. 2 of us have filed civily and two of us have file criminally. The other criminal plaintiff is a contractor and it goes to court on 9/29. I want this man stopped. I want him out of business. If you are in the criminal justice field do you know what my rights are to "spread" the word on this man without crossing the slander line. I have learned one thing. It is called the criminal justice system for a reason. Its more justice for the criminals than people like me who work hard for their money.

[hhou812hh]

Below is a list of non-dischargable debts at least for a ch7. His scamming you may fall under one of these so he may not be granted a discharge. You will have to dispute it though and explain to the courts what happened.

Good luck!!!

Debts you incurred on the basis of fraud, such as lying on a credit application; Credit purchases of $1,225 or more for luxury goods or services made within 60 days of filing; Loans or cash advances of $1,225 or more taken within 60 days of filing;

Debts from willful or malicious injury to another person or another person's property;

Debts from embezzlement, larceny or breach of trust, and

Debts you owe under a divorce decree or settlement unless after bankruptcy you would still not be able to afford to pay them or the benefit you'd receive by the discharge outweighs any detriment to your ex-spouse (who would have to pay them if you discharge them in bankruptcy).

[rukiddingme]

Maybe I have a chance

If I can get the trustee the information about my criminal charges and the others pending court in Sept. maybe I have a chance of not getting my debt. dismissed. How do I get a lien put on his property (HOUSE) if I get lucky enough not to have my debt dismissed. Thank you for your help!

[hhou812hh]

I don't know all the legal details, but you could show up at his meeting of creditors (341), tell the trustee you object to his discharge of the debt and why and either you and/or the trustee may file a motion to dismiss. A legal expert would probably have more detailed answers.

Either this moron filed himself not knowing this can't be discharged or his atty told him it can't but to file anyway giving you and other victims the impression that you already lost. I would fight this to the end. I have no use for these low lifes and they deserve whatever they get. I have people close to me scammed the same way so I know how you feel.

Good luck!!!

[rukiddingme]

I wont stop

Thank you so much for the information. I wont stop until he is stopped. He has an atty. listed on his meeting of creditors letter. The meeting is 8/23 at 9:30 am. Doesnt leave me a lot of time to consult legal councel but my husband and I are going to do all we can to stop this. My husband has been a cop for 16 years but we neither have had to deal with any "legal" issues personally and unfortunately he doesnt know much on the civil side of things. We sure dont know anything about bankruptcy because unless there was MAJOR tragedy in our life, bankruptcy would NEVER be an option. He has lawyer friends but they are not civil lawyers. From all the research I have done the only chance I have of getting this to stick is to be at that meeting Tuesday and plead my case and let the trustee know we are still pursuing this loser criminally. At least maybe I could get a temporary decision until we get through the criminal proceedings. Where I come from he is lucky that we havent resorted to our own personal justice. Right is right and wrong is wrong and he is very aware of the difference.

[sunshine08]

In NC that charge is obtaining property by false pretenses or failure to work after being paid, depending on the intent. If he has done this to at least several people that you know of, then that would show intent(also you don't know how many other people he has done this to). Contact the better business bureau. Also, i would think that local law enforcement should be investigating this as it is a type of fraud and not up to you individually to take out the charges. Call local law enforcement and ask to talk to an investigator. IF you don't ask you don't know

[HHM]

You should probably speak to an attorney who represents creditors in BK.

Unless your judgment says otherwise, I would assume the main cause of action was Breach of Contract (so all this stuff about embezzlement, larceny etc, probably won't help much).

Your judgment will probably survive the bankruptcy so you most likely don't have to do anything since its not a consumer debt.

However, this is something you will need to discuss with a creditor attorney.

[rukiddingme]

We are on it

We know everybody he has done this too that has complained. We filed criminal charges against him already. It was dismissed on a tech. We got the tech. corrected and we are refiling. A contractor has charged him criminally also. He was served in the middle of our trial. Very funny. We are going to try to have him reserved in the middle of the contractor's case so the judge sees this man and sees him getting served over and over again. There was another couple that filed civil suit but dropped it once they found out he filed bankruptcy. And a fourth couple that fired him because he does not return to finish the jobs he has been given payment for. My judgement is not for a lot. I only advanced him a little. Its not about the money. Its about putting this loser out of business. We filed a writ of possession on him. That is when he filed bk. In the middle of the 20 days he had to file exemptions so the sheriffs dept. could not come in and seize his property for us. We have already taken all the steps that everyone is telling me about. That makes me feel better. The people he has scammed (4 families are also going to our local new channel...the part where you complain on a local business) Maybe with 4 emails about the same guy they will pick up our story. Wish me luck. The 341 meeting is in the am. I just want this trustee to see that I am pursuing him criminally and not discharge my debt. More to piss him off than to EVER see my money!!

[edwards2]

rukiddingme - I work for the Better Business Bureau of the Midsouth - located halfway between Germantown and Collierville, Tennessee...townships outside Memphis. Your complaint is one that I hear a dozen times a day. Consumers in our area initially file a complaint with us and if the business doesnt respond they take it to small claims court. A lot of the complaintants get judgements only because the bums usually dont have anything but at least they have some recourse. Some of them have even contacted the consumer advocates from the local tv stations and gotten them to do an expose on the company. That has been extremely effective. I would show up at the scum's 341 no matter what. The fact that there are several families involved should help too. It presents itself as more of a class action kind of thing than one consumer's complaint. Not that one is unimportant but in this case there is safety and effectiveness in numbers. The majority of cases are successful in running the business out of town through the tv exposure, word of mouth, articles in our newspaper and of course us. We send out bulletins, do tv spots, inform other consumers and also put special notices in the newspaper. Even if you cant attach someone the low life owns, I would be relentless on letting any and everyone know what a bum he is. Good luck...

[rukiddingme]

edward2...finally sanity in the chaos

Edward2..thank you so much. I came to this site with questions and they have mostly been answered and for that I am so appreciative. What I didnt expect to find was so many advocates for bk when it was just irresponsible spending that put them in bk. I have researched spreading the word without crossing the slander/liable line. I have found that I can put a flyer throughout his neighborhood and anywhere else permitted as long as I tell the truth. Well guess what. I flyer is in the works. I will spend $20 on postage to let every neighbor he has know he is scum. I am going to put copies of my judgment and his record with the flyer. I am also definitely reaching out to the media. This man is getting out of business or out of my town...his choice. One of the other families has filled out complaint with BBB and we are going too also. Wish me luck. Unfortunately I am fast findng out that the criminal recieves more justice than the law abiding citizens.