Legal Question in Credit and Debt Law in Texas

One of my co-workers / peers owes me $1268 for appraisal work I did for him. It has been a year since I did the work. He has ignored most of my attempts to collect, so I filed a small claims lawsuit against him with the Brazoria County Justice of the Peace. Right after I filed, he contacted me and stated that he is going through bankruptcy, and that if I don't drop the lawsuit, I will get grouped in with the bankruptcy, and will not get paid in a timely fashion or at all. He states that he will start to pay me in installments. My fear is that If I drop the suit, things will go back to the way they were before and he will just ignore me. But I am also afraid that if I get grouped in with the bankruptcy, my priority will be low and will also not get paid. I just need some advice


Asked on 5/01/12, 9:13 am

1 Answer from Attorneys
Donald McLeaish McLeaish&Associates;, P.C.

if he has filed bankruptcy, you would be in contempt of court...but if he hasn't....he would be in contempt if he omitted your debt from any filing.....of course, your filing without knowledge of bk is not contempt..but he has to group u in..sounds like a problem for any collector...and I would find the bkrtpsy and if in bkrpsy..drop it

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Answered on 5/01/12, 9:38 am


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