top Ad Widget

Collapse

Announcement

Collapse
No announcement yet.

Judgement

Collapse
X
Collapse
 
  • Page of 1
  • Filter
  • Time
  • Show
Clear All
new posts
Previous template Next
    #1

    Judgement

    I checked my mail today and I received a Judgement Consent order from an Attorney concerning a medical bill that I made arrangements on prior to filing Chapter 13. It is Saturday so too late to reach my attorney. I don't want them to garnish my wages so I left a message with this attorney notifying them that I have filed chapter 13 and they are included. I also gave them the case number. I emailed my attorney with a copy of the papers.

    Is there anything thing I should do to make sure a judgement is not rendered? I don't want to have two garnishments ( chapter 13 payment and this judgement). I know it can be stopped but I don't want it to start.

    Any suggestions?
    Tags: None
    #2
    If you included them in the chapter 13, then it shouldn't be an issue. We received a collection notice in January for a creditor that was included in our bankruptcy. Our atty stated that we need to send the notice to them. Our atty told us that if we received any calls or notices, we were to notify the creditor that we filed and provide our case number. You should be ok.

    Comment

      #3
      If the creditor was listed in e BK, it is a big no no to proceed with legal action. Most likely the creditor atty will quickly vacate the judgment to avoid getting a 362 violation action against him.

      A garnishment doesn't show up the next day after a judgment it takes a bit to serve it especially if they dont know where you work.

      Good luck
      Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

      Comment

        #4
        A "judgment consent order" sounds to me like you're being asked to sign a Confession of Judgment or an Agreed Judgment or something to that effect. The upshot of this is that if you sign it, you are agreeing that the plaintiff creditor is entitled to a judgment against you, thereby obviating the need for trial.

        The usual cause of these sorts of post-filing collection efforts is that the collector or attorney for some reason hasn't received notice of your bankruptcy. In most cases all of this can be set straight by sending a copy of your notice of filing to the attorney or collector.
        Pay no attention to anything I post. I graduated last in my class from a fly-by-night law school that no longer exists; I never studied or went to class; and I only post on internet forums when I'm too drunk to crawl away from the computer.

        Comment

          #5
          That just means that they are going to go to the court to attempt to get a judgment. It's mostly to scare you into paying and to give you an opportunity to do that before they spend additional fees to get the judgment. A judgment will not occur until the judge orders it. If they do file with the court, you will be served and you can respond to the court clerk within a certain amount of time with the bankruptcy information - I would think your attorney would handle all of this. (ours went like this : Motion for summary judgment (served by court), We sent a Response to Motion for summary Judgment, They responded with response to defendants response for motion for summary judgment and THEN the judge granted the judgment. It took about 3 months from the time they first filed it with the court - and this was WITHOUT the judge granting a hearing. He moved automatically for the plaintiff without allowing us to appear in court.
          Jen
          "...and how is it that bankruptcy is considered an "easy" way out by some???"

          Comment

            #6
            Great information! Thanks everyone.

            Comment

            Previous template Next

            bottom Ad Widget

            Collapse
            Working...
            X