Can you vacate an eviction judgment?

[dpickrn]

The company I used to rent from obtained a defaut judgment against me. I have filed for Chapter 7 bankrutcy and wondered how the court will note this or what the bankruptcy will do for that. The judgment was rendered just a few days prior to my Chapter 7 being filed, and they have attempted a garnishment. My attorney did manage to correct my filing and has the judgement listed under Suits and Administrative Proceedings, Executions, Garnishments and Attachments under the Statement of Affairs portion of my bankruptcy paperwork. So, it was correctly scheduled to the best of my knowledge. Does this cover me or will I still need to do more? How can I get it vacated from public record and my credit report? Is this even possible so that I may ever rent again?

[poorme]

The judgment will be null by sake of the bk - all attempts to collect will cease. Assuming the bk goes through the underlying debt will be gone.

The judgment is, however, an instrument of your local county court, not the bk court. You will have to wait until your bk is discharged, then you or your attny can move the local court to vacate the judgment so that it's removed from the court's public record. However, that may not prevent it from 'reappearing' down the road - it is after all a legitimate public record that occurred before you filed.

You can rent again, you might have to search for less stringent complexes or landlords.

[CindyLou]

Well, there are two seperate issues here, having the judgement vacated, and having it still appear on your credit report. You will need to file a petition to vacate the judgment once you BK is over. This will make it to where is it basically a zero balance and cannot be collected on. But it will probabaly still be on your credit report and also still on your renters credit report. You can request you "renters" credit report by going to http://www.fadvsaferent.com/consumer...ions/index.php
This is one of the most widely used consumer reporting agencies used by major apartment complexes. You can request your consumer report just like any other report. You can dispute it just like any experian, transunion, etc....and all the same laws apply. Good luck.

[dpickrn]

[poorme]

Not a lawyer, here, but consider this:

"Defendant prays that the judgment be dismissed or set aside."

Your petition sounds as if asking for the judgment to be avoided (made void) - what you need is for it to be vacated (removed from the court's records).

[dpickrn]

So, if I change "set aside" to "vacate," would it be better?