Makes sense - and really, seeking to force your debtor into bankruptcy should be regarded as a last resort over here. There are less dramatic remedies. But it is possible.
We have involuntary bankruptcy here in the United States as well. (11 U.S.C. § 303.) It has a number of complicated requirements (including a plurality of creditors who are owed in excess of $14,000 (in 2013, this figure is indexed to inflation), certain requirements about the identity of the debtor and the chapter under which the forced bankruptcy is sought, proof of insolvency (i.e., that the debtor is not making payments as they come due), the absence of any dispute as to the existence and amount of the debt, etc. etc.)
This is in keeping with bankruptcy’s provenance, generations ago, as a creditors’ remedy. Bankruptcy helps creditors by devising a system for the orderly dispersal of the debtor’s assets. Without it, each credit would need regularly to monitor the financial health of their obligors. Without bankruptcy, each creditors’ judgment is subject to the first-in-time rule, so creditors who were not vigilant and waited to long to sue (in the no-bankruptcy world) got nothing. Under the Bankruptcy Code, they will get at least a fraction of what they are owed, which is, as they say, better than nothing.
Although the Bankruptcy Code permits it, only a very small percentage of bankruptcy petitions are involuntary. Almost always they are instituted by the debtor himself/itself.
All that said, this set of facts doesn’t come anywhere near meeting the requirements for 11 U.S.C. § 303 involuntary bankruptcy.
Quick update: As of last week my lawsuit has officially been filed in Porter County, Indiana.
I’d say wish me luck, but I think I’m going to rely on evidence, logic, and my lawyer.
Good luck! 
Wish me luck again -** tomorrow morning I take my former employer to court **because she continues to refuse to pay the wages she owes me. I didn’t want to take this to court but hey, I need my money. It’s been a bit of a slog but tomorrow’s the day.
Actually, I don’t really think I need luck, I believe I have truth and evidence on my side, but best wishes are always appreciated.
Justice is a crapshoot. Whatever else you have going for you (and fer sure, the more the better), you still need good luck too.
Don’t worry. Be happy. (Remembering that the original meaning of “happy” was “lucky”)
I wish you evidences, lot of logic and a good lawyer.
Well, I won.
The former employer walked into court owing me $550 and walked out owing $3770.
Pro-tip - don’t show up late and don’t wear a sweat suit to court. This lady is about as sharp as a box of marbles.
Woot! Congrats!
Congratulations! Good luck collecting.
!מזל טוב
(Mazel Tov!)
(Literally, means “good luck” but idiomatically means “congratulations”)
Now we look forward to your continued posts, as you regale us of your attempts to collect this judgement! Good luck with that too!
illegitimi non carborundum
P.S.: In your state, does the Small Claims defendant have a right to appeal?
In CA, last time I studied this, the defendant can, and it seems to be a total loophole to Small Claims Court. If the plaintiff wins, the defendant can appeal within 30 days. If defendant appeals, then the entire case is simply and immediately vacated, and that’s the end of it. The plaintiff’s only further recourse is to file a new case, de novo in the municipal or superior (non-small-claims) court, where it will be heard de novo.
Congrats!
Wow, how stupid can you (she) be? Hope you can collect.
Did they say anything about how you could collect? But congratulations on a moral victory at least.
Regards,
Shodan
Great news!
All to you? Yay!
Did she look surprised?
Congratulations! I hope you’re able to get some money out of her now.
I don’t wanna rain on the** Yay Broomstick!** parade, but knowing that someone owes you money – even when SCC has handed down judgement – isn’t anywhere close to actually obtaining that money.
That said: glad the settlement worked out in your favor, good luck with the collections process, and A SWEAT SUIT? Ferrealz? Wow.
Congrats! I’d love to hear a summary of the arguments, if you don’t mind sharing them.
Enforcing the judgment might be a bit of a pain (assuming they don’t pay up). You usually have to go to court again to get an order to seize or garnish assets.
I almost did a spit-take…
Congrats.
Now here comes the part where you need the luck, collecting on that great judgment you got. I hope you get every penny quickly.
And not to hijack the thread but just to share my own small claims story, my dad got taken to small claims a few months ago by some previous customers of his before his personally owned roofing business closed down. He wanted to make it right for them and admitted that the repair was never done properly, but they were being very stubborn about the amount that they wanted in recompense. Dad ended up going to court, being honest with the judge, and such. Judge saw it my dad’s way and awarded the plaintiffs like 10% of what they wanted (and way less than what my dad was voluntarily willing to pay). As they were walking out of the courtroom my dad went up and still wanted to make things right with them so he ended up giving them a couple hundred more than what the judgment was for, but not as much as he was originally going to give voluntarily.
Glad the court system worked for you 