Judgement on Credit file

[bling32]

I have a Judgement showing on my Experian credit file. I did not know it was on my file when I filed. The creditor is included in my plan. I tried to dispute with Experian but it remains. Should a creditor included in the plan leave a Judgement open? I was thinking this should be updated with Experian to included in bankruptcy at the least but they refused to change anything. How should I handle this issue?

[lrprn]

It sounds like this judgment against you was granted by the courts before you filed - true?

If this is the case, then as I understand it the judgment can stay on your credit report until after your Ch 13 is successfully completed and discharged. Once you are discharged, then your lawyer can petition the bk court to have the judgment vacated and that request will be granted. Then the judgment will disappear from your credit report.

You didn't say.....did this creditor file a claim? Second question - does this same judgment show up on the other two credit agencies' credit reports as well?

[jange]

LRPN what about a judgement that was granted 2 days after we filed and is on my credit report. Do I have to wait until after our ch 13 is completed before it can be removed? The creditor is being paid thru the ch13. thanks

[kornellred]

Money judgments are civil court matters, whereas bankruptcy is federal. The automatic stay is effective against judgment holders: they cannot take any actions against a debtor under bankruptcy protection. At the conclusion of a Chapter 13 bankruptcy, the debt against which a creditor obtained a judgment is discharged, so there is no longer any reason for the judgment holder to pursue the matter.
Someone must file a motion to vacate or set aside a money judgment with the civil court that effected the judgment. Just show the civil court the discharge, and the court will have no recourse but to nullify the judgment.
Until the debt is discharged, the judgment remains in effect - so it will stay on your credit report. Who cares?

[bling32]

The creditor did file a claim for $542.00. The will be paid b/c secured furniture. It was a consent judgement. I was making payments to them prior to filing. Original judgement was for $1272.00. The judgement is not on the other credit reports only Experian.

Shouldn't it be updated as included in bankruptcy like all other creditors? The creditor has it updated on the credit report but not for the judgement.

I was thinking about contacting the courts to have them update it. But, I don't want to risk having it included on my other credit reports.

[jange]

thanks kornellred, I wasn't really worring about it, more just curious.