I agree and it would be beneficial to the population at large if more people were to avail themselves of submitting their issues. I wouldn't want them to stop there though because as Stereodude pointed out, a favorable resolution for the customer is unlikely.
Not exactly. A judgment liquidates the amount of one's claim, but standing alone does not establish a priority higher than what one had before the judgment, which means if you were unsecured before the judgment, you are still unsecured after the judgment IF THAT IS ALL YOU DO. Now if you avail yourself of a post-judgment remedy like garnishing a bank account, and if the bank does not set-off its own claims, and if there is not a senior secured creditor holding a perfected security interest, then you would be a secured creditor. What makes you a secured creditor is achieving a non-consensual lien by getting through all the hoops. And that still puts you behind the consensual lien holders like secured creditors who are properly perfected. Long shot? Maybe. But doing nothing leaves you only with a distribution from a bankruptcy estate - pennies on the dollar or nothing.Chu Gai said:
Mind you now, I'm not a lawyer, but ff we just look at folks filing small claims in Colorado (that's their cheapest legal route if the amounts they're owed are $7,500 and under), the way I read the law was that if you win, and whomever you sued does not pay up right there on the spot, you can compel the losing party to file paperwork listing assets and debits which will help you by knowing what you have to go after. My next post will provide more details.
In the words of the late Rodney Dangerfield from Back To School, "Call me when you have no class."
The Handbook, you and I are saying the same thing with slightly different points of emphasis. The Handbook says you are entitled to post-judgment discovery to find assets. I said if you do not levy on those assets (and find assets unencumbered by a senior lien) a pre-judgment unsecured creditor will not have a secured claim in a subsequent bankruptcy. You said acting now may yield a better result than waiting. My only reason for posting was to head off a potential misunderstanding that a judgment automatically creates a secured claim in bankruptcy - it does not.
Gotcha. Notihing ventured, nothing gained and there's been far too much of nothing ventured going on for the past couple of years.
OK that was the funniest thing I've seen in a long time.
Is is just me but I can only see the frame of the glasses with no lens. Must be your monitor. I was thinking more along the lines that it would make for a great line of t-shirts that said, Free Shifty Now. Maybe Bobby Dylan will make a song about him along the lines of Hurricane but who would play him in a movie? However, if you could scale it down enough, wouldn't that make for some avatar for the AV451 forums?That could make a classic audio forum avatar!
Billy Bob Thornton, of course!
That would be a brilliant way to raise funds and have the proceeds go to charities.
