Stopping Default Judgment

[tobee43]

Follow up on my OP........... I finally got a return call today (Wednesday) from the attorney's office (made the call Monday). The secretary,or paralegal, wanted to inform me that I was filed. Because of the advice above to sign up for PACER, I already knew I was filed Tuesday, around 4:30 pm. I asked her if the attorney would file a motion to dismiss the judgment. She said if the judgment doesn't go away by itself, call them back.

first...are you sure the creditor was granted a judgment??? secondly....i would insist on speaking with the atty directly, as the answer the paralegal gave you is off the wall....judgments do not disappear on their own....they MUST be removed after the discharge and a motion to vacate MUST be filed on your behalf to have the judgment removed.

first you need to find out if, in fact, the creditor did get the judgment and if they did since you did receive the copy of the default order then YOU MUST file the motion after your bk....honest it does not go away on it's own....

[dub]

Reading over the letter I got in the mail last week, looks like the Plaintiff's attorney is asking the Clerk enter Default and Default Judgment against Defendant (me) because I failed to file responsive pleadings within the time allowed by North Carolina Rules of Civil Procedure and such other relief as the Court deems just and proper.
So does that mean all this would have to go back before a judge (or court) for a judgment to be granted against me? If the answer is yes, then am I right to believe the filing of my Chapter 7 yesterday, stops all their efforts dead in the water?

[tobee43]

Reading over the letter I got in the mail last week, looks like the Plaintiff's attorney is asking the Clerk enter Default and Default Judgment against Defendant (me) because I failed to file responsive pleadings within the time allowed by North Carolina Rules of Civil Procedure and such other relief as the Court deems just and proper.
So does that mean all this would have to go back before a judge (or court) for a judgment to be granted against me? If the answer is yes, then am I right to believe the filing of my Chapter 7 yesterday, stops all their efforts dead in the water?

most likely that letter is just a procedural letter to the court asking or requesting the relief in the form of the judgment....so what you will have to do is after your discharge, have your atty file a motion to vacate.....please write that down so your atty knows about what you need them to do.

you do have the right to list it in your petition with the docket number etc...if you did not you will need to amend your petition, however, it sounds like you made your atty aware of the situation. i would look at your petition and make certain the judgment was included in the document. if NOT ....your atty MUST amend your petition.

the filing will only put an automatic stay on the collection of the judgment...since in north carolina one cannot garnish wages, that at least you would not be dealing with. also...the creditor cannot take any action at all while the stay is in effect...that is why immediately upon the discharge the motion to vacate must be filed on that judgment....because once the stay is lifted they could although they shouldn't proceed to attempt to collection. and while, they legally cannot collect the judgment itself does stay on your record until an approved order to vacate is recorded.

[dub]

Thanks for the info, tobee43!

[tobee43]

Thanks for the info, tobee43!

anytime!!! and keep in touch and let us know how you make out!

[dub]

Sure will .................gonna be an interesting Winter!