Pre-Bankruptcy Default Judgments

[kornellred]

There does not seem to be any definitive information on how the matter of pre-bankruptcy default judgments need to be handled. What I seem to understand is that a separate "motion to set aside judgment" needs to be filed with the civil court that rendered the judgment.

If this is true, at what point does this need to be done - right after filing or post-discharge? Can a pro-se filer do this? Can funds collected via garnishment be recovered if there is a lag in timing between the demand to desist from garnishment and the effective date of the automatic stay?

[OHBOY]

I too have been wondering about the same thing on and off.

In my State, namely FL, I found this 'tidbit' as part of the law:


55.145 Discharge of judgments in bankruptcy.--At any time after 1 year has elapsed since a bankrupt or debtor was discharged from his or her debts, pursuant to the act of congress relating to bankruptcy, the bankrupt or debtor, his or her receiver or trustee, or any interested party may petition the court in which the judgment was rendered against such bankrupt or debtor for an order to cancel and discharge such judgment. The petition shall be accompanied by a certified copy of the discharge of said bankrupt or by a certified copy of the order of confirmation of the arrangement filed by said debtor. The petition, accompanied by copies of the papers upon which it is made, shall be served upon the judgment creditor in the manner prescribed for service of process in a civil action. If it appears upon the hearing that the bankrupt or debtor has been discharged from the payment of that judgment or of the debt upon which it was recovered, the court shall enter an order canceling and discharging said judgment. The order of cancellation and discharge shall have the same effect as a satisfaction of judgment, and a certified copy thereof may be recorded in the same manner as a satisfaction of judgment. This section shall apply only to liens under judgments or obligations duly scheduled in the bankruptcy proceedings.

[keepmine]

You file the motion to vacate post discharge. You'll need the debt discharged in order to get the judgment vacated.
Funds taken via garnishment ahortly before filing may be considered a preference payment by the trustee. If that's the case the trustee will go after them and distribute them to your creditors.
Prehaps ask your court clerk what the proper format to file a motion to vacate.