Stopping Default Judgment

[dub]

I signed the papers for my attorney to file my case on November 4th. At that time I advised him I had a lawsuit for a credit card debt hanging over my head. NO WORRY he said...the filing will stop it...said I should be filed the next week. Well for some reason he has not filed my case, and Friday the 26th I got notice in the mail of a default judgment dated November 24. I have tried to contact attorney today, but no returned call yet. Do I need to be concerned they with get money out of my checking account today.....tommorrow......this week?

[free2breathe]

I would contact the attorney, let him know they received the default judgment, and ask him to file a motion to vacate the judgment as soon as he files your petition for bankruptcy. In this case, I think I'd ask him to waive any fees for the motion to vacate, since he should have filed the petition before the 24th as he told you he would.

They probably won't get money out of your account this week. Once they get the judgment, they can potentially garnish your wages or levy your bank account, once they find it. However, the moment your attorney files that bankruptcy petition, the automatic stay is granted, the collection is stopped. So, be persistent in reaching him, even if you have to go into his office to see him face to face.

[bk2009]

Yeah, I don't think you're at risk of losing money today or tomorrow, but I would definitely go out and change banks if you used that account to ever pay them with.

[df04527]

Agree with all but want to make sure you heard it loud and clear: ask him to file a motion to vacate the judgment as soon as he files your petition for bankruptcy. The judgement will NOT (typically) go away by itself - it WILL make it's way to your credit report.

[dumpinmydebt]

Do as everyone said on here, and DO NOT LET HIM CHARGE YOU TO VACATE THE JUDGEMENT. It was his fault, he pays for it. And make sure he follows through, even if that means calling every day. I'd also keep in contact with the court that the judgment was issued in to ensure he follows through, since he failed to follow through once.

[pmac123]

This same thing happend to me ther was no problem to file a motion to vacate...I did it myself.

[dub]

Thanks for the replies!

[researchnerd]

Do as everyone said on here, and DO NOT LET HIM CHARGE YOU TO VACATE THE JUDGEMENT. It was his fault, he pays for it. And make sure he follows through, even if that means calling every day. I'd also keep in contact with the court that the judgment was issued in to ensure he follows through, since he failed to follow through once.

If you haven't already, I highly recommend signing up for PACER as soon as possible. That way you can see exactly what's been filed and when. My attorney was shocked when I mentioned it to him (said I'm his first client in 24 years to use PACER) but it's incredibly helpful to know exactly what's going on.

[oregonpilot]

hummmm. guess some attorneys don't know about PA (pacers annon) lol

[tobee43]

Thanks for the replies!

just a comment here...i do believe now you may have to wait for your discharge and then file the motion to vacate...but do check with your atty...also since they (the atty) failed to respond timely, you should tell them to waive your fee....i know in some states it cost up to $600 to file the motion with an atty....so as someone previously mentioned you may even consider doing it yourself if this atty will not cooperate.

best of luck...hate to see when these type of things happen...especially when i'm certain you have enough on your plate!

[psx402]

I'm in the same boat! Filled on the 22nd and had a judgement on the 19th. What should I do? Wont the stay be enough to stop a garnish?

[tobee43]

I'm in the same boat! Filled on the 22nd and had a judgement on the 19th. What should I do? Wont the stay be enough to stop a garnish?

the stay should be...however, also did you list the judgment and also did you tell your atty??

again the stay SHOULD be enough...and also after the discharge your atty or yourself should immediately file the motion to vacate.

[psx402]

I received the Judgment yesterday in the mail. I filed on the 22nd of Feb. My lawyer knew that I received a summons a month ago and handed it to my lawyer shortly after that. I gather all my info that was needed in a month to file ch7. Wish it was sooner but I have a couple family members pass on, so it was a little difficult to get it in sooner. I just contacted payroll there has been no garnish request. The thing that gets me is my lawyer had the summons 2-3 weeks before filling. He told me he would handle this. This whole process has been pretty stress free compared to the phone ringing off the hook. I just wish I would have stumbled onto this web site sooner. You all have been a great deal of help and inspiration for me. My relationship with my wife and kids is getting better. Can’t wait to see how it is as the years go on.

[tobee43]

I received the Judgment yesterday in the mail. I filed on the 22nd of Feb. My lawyer knew that I received a summons a month ago and handed it to my lawyer shortly after that. I gather all my info that was needed in a month to file ch7. Wish it was sooner but I have a couple family members pass on, so it was a little difficult to get it in sooner. I just contacted payroll there has been no garnish request. The thing that gets me is my lawyer had the summons 2-3 weeks before filling. He told me he would handle this. This whole process has been pretty stress free compared to the phone ringing off the hook. I just wish I would have stumbled onto this web site sooner. You all have been a great deal of help and inspiration for me. My relationship with my wife and kids is getting better. Can’t wait to see how it is as the years go on.

oh...no, you will be notified about the courts decision to allow the garnish...or at least in most states you would be...also i'm glad to hear things are getting better...and believe me...it even gets better as time passes by.

these lawyers....i still would call him and make certain you either answered the summons with letting them know you filed bk.

also, just an suggestion...i would call the law firm on listed on the summons and give them your bk docket number....also see if they have an email you can do a written notice yourself...just take a second of your time. because if they have the docket number and begin proceedings...they will be in violation of the auto stay...and could get sanctions...

[dub]

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.