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Collecting Settlement from alleged bankrupt Defendant California

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  • Collecting Settlement from alleged bankrupt Defendant California

    I recently won a small claim against a former roommate in San Francisco for $2,075 plus $50 (my filing fee costs). He did not appeal the claim nor did he fill out the Assessment of Assets form. After much back and forth via email, he explained that it was irrelevant for me to try and collect the settlement because he has filed for bankruptcy. He referred me to the law firm representing him.

    After a great deal of trying to reach his alleged lawyer, I received an email that stated he was being represented by their firm and that I should receive information from the Federal Bankruptcy court within a few weeks. They would not give me any further information. I do not know whether or not his bankruptcy has been approved nor do I know when or what type he filed for.

    I am unsure if I should proceed with trying to collect and file an Application and Order to Produce Statement of Assets and Appear for Examination (form SC134) with the court. Is this worth my time or money? I cannot find any information on the Small Claims court website in regards to this.

    Some background information on the small claim..... What makes this matter even more complicated is that the former roommate collected this security deposit from the roommate who replaced me. The Landlord/property manager would not get involved nor give me my portion of the security deposit. They told me that they would not be releasing the security deposit until the original lease had expired (June 2010). I took the roommate, the one who replaced me and the Landlord to small claims court and the judge decided that the former roommate (who filed for bankruptcy) owes me the money. Can I take the Landlord/Property Management company to small claims court in June? Or did I lose that chance now that the judge decided the Landlord wasn't responsible?

    I need advice!


  • #2
    If your former roommate filed for bankruptcy, you will probably have to file a claim with the bankruptcy court along with all other creditors.

    You could file an Application and Order to Produce Statement of Assets and Appear for Examination with the court but the former roommate will probably inform the court they filed for bankruptcy.

    You could "try" suing the Landlord/Property Management Co. in June but you "probably" will not win. It seems the court/judge held your former roommate responsible for the money due you. (& you already got a judgment in your favor against the roommate)
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