If I have a judgement on someone filing bankruptcy, canI file for a claim on his current employment wages?

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If I have a judgement on someone filing bankruptcy, canI file for a claim on his current employment wages?

He has no assets of value but is currently employed. Am I able to file a claim for garnishment until judgement is settled?

Asked on February 24, 2012 under Bankruptcy Law, South Dakota

Answers:

Michael Duffy / Duffy Law, LLC

Answered 12 years ago | Contributor

For a standard civil judgment, if he's already filed, then almost certainly not. An "automatic stay" is instituted upon filing for bankruptcy, and all legal actions against the debtor are suspended. You'd have to make your claim through the bankruptcy trustee. If the bankruptcy is no-asset, then there would likely be nothing for your claim and it would be extinguished upon discharge of the bankruptcy.


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