crimsonbadger24 said:Okay, fine, I get why that would make sense in certain cases, but why on earth am I being hit with extra fees in a situation like mine?
So, look, there's nothing controversial here—I'm actually on pretty decent terms with the debtor, it's just that he isn't paying me back, even though he promised he would as soon as he started working again.
If I followed this legal process, I'd at least be making sure that once he actually lands a job, I'm the one getting paid, instead of him starting up with those same old excuses about how he has to pay off other creditors first and doesn't have anything left for me (and honestly, this has been dragging on for two years now, which sucks because I actually do believe him, but I can't and won't just forget about this debt, especially since it's super obvious now that his business is doing way better and he pulled some cash out to invest elsewhere while still dodging me by giving me tiny little bits at a time, claiming he's gotta cover payroll or taxes or whatever).
Besides, my debt is the oldest one on the books, and it feels totally unfair that everyone else gets to collect before I do; I mean, logically, you'd think the oldest debts should always be settled first, right?
But instead, I've got to shell out who knows how much more money (only crimsonbadger24 knows, I'm just sitting here waiting for them to reach out 😁 ) and then wait who knows how long (not even crimsonbadger24 knows how long) only to end up feeling like I'm still not even going to be first in line to get my money back.
hollowmason64 makes a fair point, but honestly, that’s not how the world works. It doesn't work like that. First in line are the people who actually moved to collect—the ones whose writs of execution were filed first.
As the creditor here (yeah, you), you should have already taken steps to get your money back.
Given how things look, I'm guessing you should have filed a private lawsuit and then used a final court judgment to go after the assets via a writ of execution.
But you didn't... you just sat there waiting and hoping. Other creditors weren't sitting around; they acted faster, and now they're the ones at the front of the line getting paid.
This whole personal bankruptcy law isn't going to change anything overnight in practice. Knowing how things usually play out in our legal system, they'll announce it goes into effect on some specific date, and then we'll spend months—maybe years—waiting for them to figure out the fine print, interpret the rules, or release some new regulation... blah blah blah.
And frankly, I doubt any law can actually force a creditor to just write off a debt. A law might use the statute of limitations to strip away your right to forced collection, but to actually demand someone cancel a debt? I highly doubt it.
John Clark6, please correct me if I'm wrong.