judgements?? who/what/when/where/why

[DebtZombie]

Ok, digging deep now in the forms (nolo is good for some things, but not all)

I am listing judgements on schedule F and have included the courthouse on the matrix.

Where else do i put these on the filing forms?

How are these handled?

[DebtZombie]

ok, my bad, i think

i found in form 7, the statement of financial affairs, a place to list those judgments within the last year

older than that, i guess dont list

beyond listing them there and letting the court houses know about the BK, i will still have to figure out how to get the court to close out their case

if anyone knows, please chime in

[backtoschool]

ok, my bad, i think

i found in form 7, the statement of financial affairs, a place to list those judgments within the last year

older than that, i guess dont list

beyond listing them there and letting the court houses know about the BK, i will still have to figure out how to get the court to close out their case

if anyone knows, please chime in

Once you are discharged, you send a copy of your discharge notice along with your judgment info, to the court that issued the judgment. They will then vacate the judgment. This is not free however. It usually costs about $200 to vacate a judgment.

[tcreegan]

Hi DZ,

If the case is ongoing, take your BK notice w/ file date and case # and file it with the county court and mail a copy to whoever is named as the plaintiff. You need the form for an 'answer' The county court clerk can get you one. Putting the county court on the creditors matrix usually won't work, the notice won't have the county court case number. If you put the plaintiff on the creditor matrix, you won't have to mail them a copy.

For existing judgements, you file a Motion to Vacate Judgement + BK discharge order with the court where the judgement was awarded.

This kind of stuff does not cost too much here in Colo, filing fees in county court usually less than $50

I have looked everywhere for a copy of the Motion to Vacate and can't seem to find one, might have to ask the court clerk directly.

Its not much, maybe some help...

Tom in Colo

[DebtZombie]

wow, Tom, whew, i was almost vomiting at $200 a pop for the Motion to Vacate, $50 is way more manageable.

But the "answer" fee for the open one is probably $92 AGAIN!!!! . i had to file an answer just to dispute the debt, BEFORE i even filed for BK, and really thought $92 to file a piece of paper was highway robbery. i was even turning DOWN the option to a trial. i am sure there would have been lotsa more fees for the date we went to court. But anyway, i dont care, the witch, i mean party... suing me gets nothing now, and thats all they deserve for lieing. I think i woud have not been able to sit quietly anyway in court while they bold faced lied to the judge.


so timing....... i wait for the discharge to VACATE the judgements, but I can file the answer for the pending one now? or as soon as I can come up with $92? this is set for Nov 8th, same date as my 341, hahahahaha.

[tcreegan]

$92...??? Bummer, they charge $26 in Larimer County Court for filing an answer.....

The BK notice w/ case # and file date usually gets a judgement suit dismissed. Discharge papers for a vacate

Tom in Colo

[btbeme]

$92 may seem like a big penalty, but I had to cough up $230 to file an answer for superior court here in AZ. All I was doing was buying time before filing BK so I would not get a default judgement.

Here's the kicker - I received a very stern notice from the court last week regarding my lack of scheduling for arbitration. Seems the arbitrators don't read their mail when the stay is sent. So, I hand delivered a copy of the stay (today is 50 days after my 341) and the Ch 7 filing to the arbitrator's office today and had to wait 45 minutes before the secretary was "allowed" to sign that she received it from me. A copy of that stay, the filing, and the acknowledgement of receipt were immediately taken to the clerk's office and filed (another $230). It is called CYA.

The creditor in question was the one that started the avalanche by cutting my credit limit on a card, setting off a chain reaction from other creditors that followed suit as my credit score dropped like a rock (though I was 100% up to date on payments). The same creditor filed suit the day after I informed them that I had retained counsel for the intention of filing Ch 7. No other creditor has so much as shrugged as I tried to work out payment plans, etc - then these clowns file suit and put the final nail in the coffin.

Still, the extra legwork is worth the end result of a clean start after discharging $170k in debt and $1.12M in mortgages.