Page 170 - Judgment Enforcement Course

Judgment Enforcement – The Step-by-Step Course

no account because he printed the check himself and
invented the bank numbers, then he certainly intended So, this judgment is NOT for
to deceive you. fraud unless it specifically
says so in the body of the
Here’s another example: I had a woman contact judgment itself.
me to take her judgment and enforce it. I levied on the
debtor’s bank account and picked up $10K. Then I
learned that the debtor had already paid the judgment, and the creditor was trying to collect
twice. Because she knew it had already been collected, and had induced me to rely on her
promise that it was still owed, it was fraud. And yes, I sued her for fraud in small claims.
She actually cried at the trial, and the judge thought maybe it was all a confused mistake
on her part, so no fraud was found. I won the case though anyway.

Again: Fraud judgments may well survive bankruptcy. But again, that judgment must say
fraud in the judgment itself, not just in the complaint alleging damages. Often a person
will sue for fraud, and then get a judgment, but the judgment will only just say that Mr. X
owes Mr. Y $10,000. It may not say “for fraud.” So, the judgment is not for fraud. Here’s
a judgment for fraud.

Osbeck v Golfside Auto Sales

Case No. 07-14004
Hon. Paul D. Borman

This Court finds that Thomas Osbeck’s monetary loss is
$11,000.00, that her actual, monetary damages are $11,000.00
and judgment enters in the amount of $11,000.00 in favor of
Thomas Osbeck and against Golfside Auto Sales, Inc. and
judgment is deemed to be based on FRAUD, CHEATING AND
MISREPRESENTATION.

So, if your judgment says fraud in the judgment itself (again, not just the complaint), then

it may well survive bankruptcy. An attorney may have to handle it for you, though. Maybe
not. I know a number of JE’s who are really tops in bankruptcy court. I talk more about
this in the Hiccups & Obstacles section which comes next.

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