r/legaladvice•
KookofaTook

[Kansas] Small Claims Aftermath

So, I came up on the losing end of a small claims case. The judgement itself was incorrect if I'm to be honest, but due to a harassing judge who refused to admit any of the research I had done to defend myself by asking "are you an attorney?" and when I replied that I was not she stated "well then, stop watching TV shows" and would move on, ignoring me. (Not that its really relevant at this point since I can't afford to hire an attorney to file an appeal, but it was comforting to know that the KS Bar association is already investigating this judge for misconduct based on reports of other citizens and attorneys who have appeared before her).

Simple situation is the judgement is for roughly $1900. I have filled out the debtors statement of assets as directed by the court. I offered the plaintiff a settlement of $400 for a full satisfaction of judgement, as this is the approximate price for an en prose chapter 7 bankruptcy in Kansas (filing fees and credit counseling classes). The plaintiff is a convicted felon with a history of alcohol abuse and violent tendencies (he has had several fights in bars, and was investigated for multiple rape cases. he even admitted to raping one girl to myself and another person.) The plaintiff "countered" knowing my dismal financial situation with an offer of $1600 in 7 days, then after being informed that was obviously impossible has requested $200/mo in a rather forceful email. Essentially, how much is he as a "creditor" allowed to harass me knowing the numbers he are providing are impossible to meet? I also worry how far he will go in an attempt to satisfy his judgement. I have told no one but direct family where I moved to recently, and park the vehicle I borrow to drive in an alley. Simply put, I would not put it past this individual to break into to take or damage items thinking the judgement gives him rights to anything even close to me no matter regulations regarding garnishments and seizures intended to satisfy a court judgement. I also worry that since my "creditors" have to be notified of the beginning of the bankruptcy process, that the court may essentially provide an angry unstable person with a violent criminal past my address.

tl;dr - Plaintiff is making settlement and payment offers he knows are impossible with my finances. Plaintiff is a terrifying criminal. Can I safely file bankruptcy or anything else with the court without him finding my new address and putting myself at risk for harm?

Posted Aug 30, 2016, 12:05 AM UTC

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