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Sam
Sam, Attorney at Law
Category: Legal
Satisfied Customers: 27009
Experience:  More than 20 years of experience practicing law.
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Can I sue someone after going through bankruptcy chapter 7

Customer Question

Can I sue someone after going through bankruptcy chapter 7 in small claims court in the state of Georgia? This person wrote me a check and took his money out of his account every month for two or three months right before I could cash it. He repeatedly told me the bank kept messing up. He then took all of his money out of his account and closed the account.
Submitted: 5 months ago.
Category: Legal
Expert:  Sam replied 5 months ago.

Hello

This is Samuel. If the person has not listed you as a "creditor" in the bankruptcy, then you can file a lawsuit against them.

Expert:  Sam replied 5 months ago.

And so whether your deal was made before or after the Bankruptcy, if you were not listed as a "Creditor" then the automatic stay that is granted during such a bankruptcy will not apply.

Expert:  Sam replied 5 months ago.

You can sue for up to $15,000 in GA small claims court and you can get the forms from the clerk of the court in the county where the defendant lives and file on your own without a local attorney.

Expert:  Sam replied 5 months ago.

Please let me know here if you have other questions or need clarification. Otherwise a Positive rating ensures i get credit for my time.

Customer: replied 5 months ago.
I went through bankrupcy in November of 2015. I have been cleared (6 week period) after bankrupcy. The guy owed me money before the bankrupcy I misplAced the check and forgot about it but have found the check now. From what I understand I have 2 years to sue him . Just a little over a year has gone by. Can I sue him even though I've recently went through a bankrupcy ?
Expert:  Sam replied 5 months ago.

Thank you for the clarification. Yes. Of course you can. Your rights to the courts are not banned. I suggest however you may want to discuss this with the person and request a new check be written or you will bring it to small claims.