My handymen damaged my new Sony 3D TV while installing it

[iveta]

Hello,
I just got the new 3D Sony Bravia TV and my handyman damaged the screen( scratches) while installing it.
Turns out -now- he has no insurance and is filing for bankruptcy..
he says he will pay for the damages /or new Tv as the fix may cost more than the TV-with some kind of agreement between us..what kind of agreement would that be?
is there a form like that? what other docs i need to make this promise of his legal and take him to court if he fails to pay?
would court even help me if he is bankrupt?

 

[fredrikklaw]

Leave him be!

It is really not necessary to have anything in writing to enable you to sue him, especially after the facts, and you can file a small claims action as things stand. I mean, you can waste time and energy drawing up a promise to pay document or some contract to that effect, but it is not going to be worth the ink if he is filing for bankruptcy. Because all he has to do is list you as a creditor and have the debt discharged along with his other financial obligations.

And no; you cannot look to the Bankruptcy Court for any help even if you sued him now and obtain a judgment and become one of his creditors. You can by all means appear at the Meeting of the Creditors and ask him to pay, but you will just be wasting your time as not only he will most certainly list you as a Non-Priority Unsecured Debt, his petition will be approved by the trustee and all his debts discharged.

So you will only be shooting yourself in the foot if you get anything in writing or pin him down to any promises of any future payments at this point in time; just let him file for bankruptcy without listing you as a creditor.

You can then pursue your claim against him after his petition is approved and he is given a discharge by the court, because keep in mind that even absent of any writing, you still have a two-year window in which to sue him for the damages he has caused to your television. If you are not listed in the petition now, he will not be able to later attempt to discharge your claim retrospectively.

fredrikklaw

 

[tpajet]

As stated wait until after he files, then sue him. That is unless he does go ahead and start paying you. Don't do a written agreement for payment because then he can screw you out of it by listing you as a creditor and it's possible that is what he hoping to do. Just tell him you will give him a receipt for the money he pays you. Just make sure it only states how much he paid, but nothing about how much is still due. That we he has something to show how much he paid as he is paying it. But otherwise keep it a verbal agreement to simply pay until the whole debt is paid.

 

[despritfreya]

DESPITE THE ABOVE POSTS you WILL NOT be able to collect a dime if he files Chapter 7bk and fails to list you, unless it is an "asset case". That is the law and the vast majority of Chapter 7 filings are "no asset" cases. Further, if you are aware of the filing (regardless of which Chapter) then regardless of anything else, you have "constructive notice" and are bound by the Discharge even if it is an asset case and ANY attempt to collect will be a violation of the "discharge injuction".

As it sits right now you have been told he is going to file. You have no duty to investigage the accuracy of that claim and are free to collect in any way allowed by State law. Once you become aware that a filing has taken place you cannot attempt to collect. If he fails to list you and he has a no asset case you can sue BUT he will have an ABSOLUTE defense since there is no fraud involved. If he files a Chapter 13 or 11 and fails to list you and you have no knowledge of the filing, I suppose you could sue but once you serve him he will just add you to the case as a "forgotten" creditor. Not a big deal and perfectly acceptable.

Chuck this one up to experience. You really should have paid a few extra bucks to have the unit professionally installed by the retailer.

 

[FlaRiptide]

Did you by chance pay for your new TV with a credit card? If yes, check to see if your card provides "Purchase Protection coverage". If it does, there is a chance that any accidental damage done to the TV within a specified time from the date of purchase may be covered.

Unless a person is not financially responsible, I would always advise using a credit card to make any and all purchases. It gives you that slight edge of control versus handing over cash.