About a year ago, I was sued in Generals Sessions court over a lease dispute. I won, the case was dismissed in my favor with prejudice, and I thought all was over. I was wrong! The plaintiff filled an appeal to Circuit Court. Neither me, nor my attorney was ever notified of the appeal and when we did not show up the case was still tried on its merits (according to the judge) and the plaintiff was awarded a judgment! They waited 45 days then filled a bank levy against me and drained my bank accounts! It was only then that I even learned of the appeal.
We filled a motion to overturn the judgment and were able to prove that notice had not been given. The judge set a new trial date in April and “Stayed” the judgment but stated that my money already collected via the bank levy would remain in the court clerk’s office until the new trial!
Q1. Is this legal? It seems the judge (same judge that heard the appeal and same judge that will hear the new trial) is basically telling me I will ultimately lose this case.
Q2. If I file bankruptcy, what would happen to those funds? The funds are from a business checking account that I own jointly with my wife. It was only me that was sued and it would only be me that filed bankrupt.
We filled a motion to overturn the judgment and were able to prove that notice had not been given. The judge set a new trial date in April and “Stayed” the judgment but stated that my money already collected via the bank levy would remain in the court clerk’s office until the new trial!
Q1. Is this legal? It seems the judge (same judge that heard the appeal and same judge that will hear the new trial) is basically telling me I will ultimately lose this case.
Q2. If I file bankruptcy, what would happen to those funds? The funds are from a business checking account that I own jointly with my wife. It was only me that was sued and it would only be me that filed bankrupt.