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I been named as a Dedtor in a law suit what rights to i have

 

Customer Question

I been named as a Dedtor in a law suit what rights to i have he owns a bussiness and i no he has been hideing money he spends almost twice as much as he makes in monthly bills

 

Optional Information:
Country relating to Question: United States

Already Tried:
Just talked with the attorney handling case for the courts waiting on all there papers

Submitted: 329 days and 17 hours ago.
Category: Legal
Value: $58
Status: CLOSED
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Expert:  LegalBeacon replied329 days and 17 hours ago.

Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. Can you tell me why you are being sued?

Customer replied329 days and 17 hours ago.

I'm not my son inlaw borrowed A hundred thousand for his bussiness he paid back 30 thousand then quit paying i sued him now he is trying to file personnel bankrupsy and keep his bussiness's, He staed today that he only makes 2 thousand a month i know that to be a lie his mortgage until last september was 43 hundred a month plus 2 car payments how can he say he cant pay when he paid well over 5 thousand a month for 5 years?

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Expert:  LegalBeacon replied329 days and 17 hours ago.

I'm having a bit of difficulty understanding what's going on; thus, I'm going to opt out in hopes another expert can better understand your situation. Take care.

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Expert:  NateLawAnswers replied329 days and 17 hours ago.

Thank you for your question. Be sure to go ahead and bookmark www.nateanswers.com for future questions.

I am a different professional and will be happy to try to assist you.

Is the debt he owes you from him personally or in his business' name?

Customer replied329 days and 17 hours ago.

he paid me out of his bussines but i sued him personelly can i sue his bussiness to or becouse i already got a judgement against him i cant get one agaist his bussiness? He is not showing all he makes you can add his bills up he paid out more then he makes for atleast 4 years how is that possible?

Accepted Answer

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Expert:  NateLawAnswers replied329 days and 17 hours ago.

You can certainly go after his business as well. If he is filing personal bankruptcy, all you can do there is file your proof of claim

If he has filed bankruptcy, that could discharge the debt he owes you.

You first need to file a proof of claim with the bankruptcy court. A form for a proof of claim can be found here

http://www.uscourts.gov/uscourts/RulesAndPolicies/rules/BK_Forms_Current/B_010.pdf

If you are aware of where his income comes from you should contact the appointed bankruptcy trustee to alert them to those funds so that they can get them into the bankruptcy.

Since his business is a different entity and he has been paying you out of the business, you can file a lawsuit against the business, too. There's nothing stopping you from doing that.

Please remember to only rate my answer when you are 100% satisfied.  IF you feel the need to rate "Poor Service" or "Bad Service", please stop and reply to me via the REPLY TO EXPERT button with the issue you have.

I am not paid unless I get a rating of 3 to 5 Stars/Smiley Faces.  If I have helped you with your question, please give me an appropriate rating so that I get credit for helping you.

Thank you,
Nate

Expert TypeAttorney
Category: Legal
Pos. Feedback: 96.4 %
Accepts: 5885
Answered: 6/28/2012

Experience: Over 8 years of legal practice.

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