Chapter 7 and judgment question...

[heidiheidi87]

Not technically a judgment...I filed just after I received a summons, and before a court date was set for the judgment. I sent the creditor, and the courthouse, an answer stating the date on which I was filing, and my attorney contact info.

What I'm wondering...this was included in my bk. Am I supposed to get anything (call, a letter, anything?) from the creditor about this before, or after the discharge? When I went to my 341 meeting, the Trustee asked me if all of the info was correct about it, and it was. No creditor showed up. Are they silent now, or what?

My attorney's office is closed until Tuesday, and this is majorly bugging me! Help me, folks!

[AngelinaCatHub]

By law now, they are not allowed to contact you. They can your lawyer, that is all. You need do no more. The only recourse they would have is an AP and that would be rare. You are fine. 'Hub

[heidiheidi87]

Thank you, thank you, 'Hub!

[tcreegan]

Hello heidiheidi87,

You should get something from the court where they were trying to get the judgement telling you the case was dismissed. If you don't, contact the court clerk w. the case number and ask what happened.

As for the creditor, you shouldn't hear from them ever again....

Tom in Colo

[heidiheidi87]

That would be after the discharge, or no?

[backtoschool]

That would be after the discharge, or no?

Yes, you will get something after discharge. It is your lawyer's job to contact the court and inform them that you filed for bk. The court will then dismiss the case.

[heidiheidi87]

Thank you!

[free2breathe]

I have a question relating to this thread. I know that a process server attempted to serve my husband at a relatives house. Our mail had been forwarded that direction when our home was foreclosed and we had to move. We didn't live at the forwarded address, and my relative just said, "I don't know where this person lives, but they don't live at this address." The server went away. I know that they told this relative that the paperwork was from a "financial institution". My guess - Crap1. So, this leaves me wondering if they have obtained a default judgement. Where should I start digging to find out if this is the case?

[Wantmypeace]

How long has it been since you last paid Capital One?

[free2breathe]

Hmmm, that would have been more than a year ago. We quit paying on most of our credit cards when we were trying to save our house. We ended up losing the house just over a year ago.

Their card was in my husband's name, and he only had one other card (BP gas card), so I am pretty sure it had to be Capital One going for the judgement...or the CA after the fact.

[tcreegan]

Hi free2breathe,

It would be in county court, you can try the court website (if they have one) or go down and check w. the court clerk.

Tom in Colo (hi neighbor to the north!)

[free2breathe]

Hi free2breathe,

It would be in county court, you can try the court website (if they have one) or go down and check w. the court clerk.

Tom in Colo (hi neighbor to the north!)

Thank you, neighbor to the south ;) Unfortunately, there will be no going to the court, as it's in another state. I'll check to see if they have a website though, and come Tuesday, I'll call and ask if there might be a judgement. I suppose it wouldn't hurt to check a) the county court where we last lived in that state, and b) the county where the service of the paperwork was attempted.

It's not something that is urgent at this point either. It will definitely be included in the bankruptcy. I will just need to worry about trying to have it vacated after the discharge (ooooh, see how positive I'm thinking?)