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Attorney Carl Starrett Obtains $47,000 Judgment

The Law Offices of Carl H. Starrett II has obtained a default judgment filed a lawsuit against Jeff Emmons ("Emmons") of Coronado in excess of $47,000. The judgment was entered on April 20, 2007.

Mr. Starrett filed the lawsuit on behalf of Dr. Rich Heidenfelder ("Heidenfelder"), a local psychiatrist. Heidenfelder hired Emmons to furnish and install specially designed doors for his new medical office that would muffle the sound from the reception area and protect the privacy of Heidenfelder’s patients.

Emmons, who does business under the name Handyman Logic, agreed to supply the doors and perform other services so that Heidenfelder's office would be open for business on May 1, 2006. Emmons completed the doors 3 weeks late, causing lost patient revenue. Emmons later broke into the medical office and stole the doors when Heidenfelder refused to pay more than the agreed upon price, causing another lost yet week of patient appointments.

Mr. Emmons is not a licensed contract and the court ordered him to disgorge $8800 dollars paid by Heidenfelder for the doors. The Court also awarded Heidenfelder more than $37,000 in lost income damages.

Civil judgments in California collect interest at the rate rate of 10% per year. In this case, interest will accrue at the rate of more than $4,700.00 per year or $12.88 per day until paid. Efforts to collect the judgment will begin immediately.

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning, insurance subrogation and debt collection.

Adding a Creditor to a Bankruptcy

Question: I filed for Chapter 7 bankruptcy and I forgot to list one of my credit cards. My case is still pending, so I can I still add this creditor?

Answer: Yes, it's possible. It's done by filing amended forms with the bankruptcy court. Depending on the particular schedule(s) that need to be amended, there may be additional court fees associated with the filing. If you're working with an attorney, this is not usually included in the attorney/client agreement, which means that your attorney may ask for more fees.

Generally, the failure to list a creditor can result in the denial of a discharge as to that particular debt. The reason for this rule is that it is unfair to creditors when a debtor's assets have been liquidated and the creditor is denied the chance to file a proof of claim and receive partial payment. However, some courts have adopted a "no harm, no foul" rule in "no asset" bankruptcy cases and debtors nonethless receive a discharge as to all debts.

About the Author: Carl H. Starrett II has been a licensed attorney since 1993 and is a member in good standing with the California State Bar and the San Diego County Bar Association. Mr. Starrett practices in the areas of bankruptcy, business litigation, construction, corporate planning, insurance subrogation and debt collection.