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cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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I hold a judgment with a fi fa against a person. This person

Customer Question

I hold a judgment with a fi fa against a person. This person filed #13 in 4/2005. My suit was granted in 6/06.(1& 1/2 years later) Does this give the person full rein to run up bills and not be collected from?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 7 years ago.
Was your judgment added to the Chapter 13 Bankruptcy (after you obtained it)?
What is a fi fa?
Customer: replied 7 years ago.

I was never added to the list of debitors as it was more than likely overlooked being 1.5 yrs after the fact.

A fi-fa is what is needed to be able to effectively file any garnishments, repossessions or any other legal action.

go to

From this, it will explain a little better than I can.


My main question is: Since I am not included in the bankruptcy in any shape or form, can I garnish her wages? My understanding is you have to be included to be excluded meaning that since I was not included in the bankruptcy, I should be excluded from the laws not letting a person go after assets/money. A bankruptcy does not give a person the right to go out and run up bills under the umbrella of the prior court ruling. Please advise.


Expert:  cfortunato replied 7 years ago.
Basically, only debts that were in existence at the time a Bankruptcy was filed are dischargeable, and debts that were incurred after the filing are not dischargeable. You are therefore correct that you should be able to collect this judgment by any legal means available.

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