Had a Judgement before I filed, Anything I should do now?

[Silver26]

CU got a Judgement against me and I filed about 2 weeks later. Im discharged now, is there anything I should do? I've checked the county clerk website and it just says its adjudicated.Its only been about a week but I just want to make sure I'm on top of it and I dont want any surprises from it.

[AngelinaCatHub]

Adjudicated mean you got a Judgment. You still have it. You should have told your lawyer up front. It need to be motioned to set aside via your bk. Do nothing and you will have it.

A Judgment is an evil thing. Handle it. 'Hub

[tobee43]

you atty must file a motion to vacate...it should be fine.

[Silver26]

He knew about it, I'll send him off an email about it.

[AngelinaCatHub]

He knew about it, I'll send him off an email about it.

Please do. This is not a light matter. 'Hub


EDIT: Please have him reply to you as to this status. Please inform us as well.

[Silver26]

If I remember correctly he acted like it would correct itself once the court was made aware of the BK. The case was included in our petition, I dont know if that makes any difference. I sent him an email inquiring also.

[Exployer1234]

I had a judgement 4 months prior to filing BK. When they tried to garnish my wages I filed BK within 7 days of the garnishment. My attorney did list the judgement in my petition and did notify the lawyers who issued the garnishment, as well as the creditor. The judgement was vacated after the BK was discharged.

Did your lawyer send the BK information to the lawyers of the creditors? If not then you may want to ask your lawyer to do this. You can also contact the creditors lawyer and ask if they received your BK discharge information.

[btbeme]

If I remember correctly he acted like it would correct itself once the court was made aware of the BK. The case was included in our petition, I dont know if that makes any difference. I sent him an email inquiring also.

In matters of such importance, it is better to be a bit of a pest and ride your attorney for results rather than assume it will correct itself. Typically, an attorney has to enter a motion to vacate the judgement. Many parts of a BK 7 are automatic, but this is something that can/will follow you if not properly stabbed and killed.

[tcreegan]

Hi all,

The BK court sending notice to the local court usually won't work b/c the BK notice will not have the local courts case number. The creditor should have been on the creditors matrix and rec'd the BK notice so they go away, but the lawyers in the judgement suit need to get the BK notice too and often aren't on the creditors matrix. If the case is still open, you file an answer/motion asking for dismissal and submit the BK notice or discharge order. If the case is closed, you/your attorney file a motion to vacate/set aside the judgement.

Like ACH said, don't let this go on the back burner and forget about it, these things have a habit of coming back later to bite you in the ....posterior.

Tom in Colo

[AngelinaCatHub]

8. What can be done about judgment liens?

A judgment lien is a lien obtained as a result of a money judgment and recorded against property such as a house or a car. If the lien applies to exempt property, it may be eliminated. To avoid a judgment lien, a motion must be filed in addition to the Chapter 7 petition. Liens related to child and spousal support judgments may not be avoided.

http://www.njlawnet.com/njlawreview/bankruptcy-faq.html

Here is an excellent and meaty article addressing a lot of common concerns of bk. 'Hub

[df04527]

In matters of such importance, it is better to be a bit of a pest and ride your attorney for results rather than assume it will correct itself. Typically, an attorney has to enter a motion to vacate the judgement. Many parts of a BK 7 are automatic, but this is something that can/will follow you if not properly stabbed and killed.

Oh so very true - it IS the gift that keeps on giving if not handled correctly.

[backtoschool]

Typically, the court charges 200 dollars or so to vacate a judgment. There is separate paperwork that needs to be filed, and the courts charge for processing the paperwork in most districts. You also need to dispute the judgment off your credit reports, as having it there will keep your score lower.

[tobee43]

8. What can be done about judgment liens?

A judgment lien is a lien obtained as a result of a money judgment and recorded against property such as a house or a car. If the lien applies to exempt property, it may be eliminated. To avoid a judgment lien, a motion must be filed in addition to the Chapter 7 petition. Liens related to child and spousal support judgments may not be avoided.

http://www.njlawnet.com/njlawreview/bankruptcy-faq.html

Here is an excellent and meaty article addressing a lot of common concerns of bk. 'Hub

it is a motion to vacate as i have listed above....your atty most likely will charge you per motion...in some cases atty's include in their fees, however, most do not. i know someone that had a few and had to pay her atty an additional $600 per motion....but it does need to get done.

an order is then granted..yo will receive a copy of the order vacating the judgment...i suggest you scan a copy into your computer ...just in case it comes up at a later date.

[tobee43]

Typically, the court charges 200 dollars or so to vacate a judgment. There is separate paperwork that needs to be filed, and the courts charge for processing the paperwork in most districts. You also need to dispute the judgment off your credit reports, as having it there will keep your score lower.

of as b2s has suggested file the motion yourself.. cheaper most likely!