Default Judgment Question...HELP!!

[loveends1981]

Today we recieved a post card in the mail from the county courts, for the collection agency that had our accounts for my dental work, and my husband's sleep apnia machine.

The post card reads this:

Default Judgment has been awarded to the plaintiff

Judgment Date: 5/11/2009

We signed the papers with our attourney on 5/8/09. (a week ago)
He said he would submit our papers this week.

I called our attourney's office and the receptionist looked up our account and said that our papers hadnt been filed yet, but would probably be today.
She asked if it was medical related, for the collection agency. I assumed it was, since it was dental and for my husband's sleep apnia machine. She said, "Dont quote on this, but since its medical it should be included in the bankruptcy"....

Now my question is... since the date of the jugement was 5/11, and from the receptionist, she said our papers hadnt been filed yet, does that mean we have to pay for this? The total was $400.00, around there.

My sister who filed BK last year said they could have already subitted papers to my husband's work to garnish his wages. So I called him at work to check with the human resource dept to see if papers were submited? He has to check it out and told me he'd call me back.

Should we be worried?

Oh I just wanted to add we recieved papers from the collection's agency's attourney about a month or so ago... it wasnt from a sheriff. Then we get this in the mail today.

[justbroke]

I don't think you have an issue, as they (the creditor) probably haven't had time to get a judgment lien recorded with the county recorder. Once you do file, you may want to check the county records to see if a judgment lien was recorded. If it was recorded prior to filing, then your lawyer has a lot more work. If it was recorded after filing... still work to do, but easier.

In order to get a garnishment, they need to ask permission for that. The initial default judgment is just a single step in that process. They can't take the judgment and start garnishing wags. They (the creditor) need to get an order allowing so... now that they have the judgment.

[loveends1981]

I wish I would have been able to talk to our lawyer himself, but after telling the receptionist our situation she kept saying since it was medical, everything would be included in the bankruptcy. I just freaked out that they had all this week and still hadnt sumbited our papers after signing them on the 8th! A week ago! So when I saw the judgment date of 5/11, and then found out they hadnt submited our papers, but said they would probably do so today, I kind of freaked out! I mean thats five days right there that went by. I dont know a whole lot about BK, but I sure am glad a friend gave me this site! Its helped me out so much!

[phoenixrisin]

It is just a judgement. Justbroke is right, now they have to ask to get a levy, lein, or garnishment.

What I would do is give the creditors lawyers a pre-emptive call saying, I got this card and I wanted to let you know I have retained a lawyer and am filing bankruptcy. Here is the name and phone#. Tell them it should be filed within days. This will give them an opportunity to realize pursuing a garnishment, levy or lein is stupid and a waste of money, and they probably won't do it. Once you have the file#, again let them know.

Believe me, you want to prevent them from going to the next level- actually collecting something from you. Your employer could get garnishment papers served, or you bank would get a levy notice and freeze your bank accounts.

As long as you are filed in the next week, you should be good. I recently had 6 judgements which turned into 2 leins on my house, 3 writ of garnishments being served on my former employer, and 3 bank levys. I was getting hit on all sides! There is such a thing as waiting TOO long to file

PS- We saw the petition, signed it in the AM and our lawyer had us filed that day. I'd bug the lawyer!! (and definately include that stuff on the BK- I put all my medicals on there!)

[loveends1981]

It is just a judgement. Justbroke is right, now they have to ask to get a levy, lein, or garnishment.

What I would do is give the creditors lawyers a pre-emptive call saying, I got this card and I wanted to let you know I have retained a lawyer and am filing bankruptcy. Here is the name and phone#. Tell them it should be filed within days. This will give them an opportunity to realize pursuing a garnishment, levy or lein is stupid and a waste of money, and they probably won't do it. Once you have the file#, again let them know.

Believe me, you want to prevent them from going to the next level- actually collecting something from you. Your employer could get garnishment papers served, or you bank would get a levy notice and freeze your bank accounts.

As long as you are filed in the next week, you should be good. I recently had 6 judgements which turned into 2 leins on my house, 3 writ of garnishments being served on my former employer, and 3 bank levys. I was getting hit on all sides! There is such a thing as waiting TOO long to file

PS- We saw the petition, signed it in the AM and our lawyer had us filed that day. I'd bug the lawyer!! (and definately include that stuff on the BK- I put all my medicals on there!)

My husband got home and talked to the lawyer that same day we recieved the papers in the mail. He (lawyer) assured us we were fine. That our papers would be filed that day. But Ive always wondered... is there a way to view on the internet if you filed for BK?