Received judgment a year ago but nothing has happened since?!

[Beeheery]

Hi everyone,
I haven't been on here in FOREVER but wanted to just leave a quick note. I was sued in March 2010 and received a judgment against me for just under 5K. Nothing has happened since. Never received any word from the court after the judgment was filed. Never received any paperwork. No requests for banking info etc. My checking account is still untouched (I keep very little in there though). I don't know if this is common or if nothing has been done since I am technically "judgment proof" (no job/income/assets). Anyone have a similar situation or any insight as to why nothing has been done? I still have yet to file and will be waiting it out a bit more. Have had a whole host of other medical issues and if/when I ever am eligible to get health insurance ( I keep being rejected for pre-existing cond), I will file then. Hope everyone is staying sane. Remember to relax and BREATHE!

[frogger]

No job, no income, no assets? Your judgment holder probably figured this out. That judgment will probably just sit out there patiently waiting.

And as to giving out any info? Only with a court order......

[tcreegan]

Hi Beeheery,

If it was a large company that got the judgment it might have just fallen through the cracks.

At any rate, let sleeping dogs lie, right?

Tom in Colo

[Eniko]

Hi.
I had a similar situation and I was given the same response. Do not wake the sleeping dog. Wrong.
As soon as the year was up, plaintiff's attorney filed a Motion to enter judgment and also a Motion that my time to vacate this judgment has expired.
You have 1 year to vacate a judgment, after that you are out of time. This is a trick they are using. I would be very careful about just waiting.Plaintiff can always resume collection but when your time is up it's hard to overcome it in the court.

[backtoschool]

Hi.
I had a similar situation and I was given the same response. Do not wake the sleeping dog. Wrong.
As soon as the year was up, plaintiff's attorney filed a Motion to enter judgment and also a Motion that my time to vacate this judgment has expired.
You have 1 year to vacate a judgment, after that you are out of time. This is a trick they are using. I would be very careful about just waiting.Plaintiff can always resume collection but when your time is up it's hard to overcome it in the court.

This is incorrect. You can always vacate a judgment with a valid reason. Judgments can be way over a year old, and when you file bankruptcy you have the legal right to vacate them. It costs money to vacate a judgment, typically $200, but with a legal valid reason to vacate, you can vacate them after a year.

[Eniko]

I agree with you. Yes, you can vacate judgments. One year is given in the Rules. If you file Bankruptcy you can vacate them any time after that because they are Void Judgments. As a Pro Se I learned to stick to Rules and dedlines. I shared what happened with me, and I am sure a lawyer would know what to do in this case.
Yes, after one year I was able to stop the plaintiff from entering judgment out of time by addressing the issue and providing a valid reason to the court.
The plaintiff was American Express. The judge dismissed everything they have filed including Summary Judgment.
My point is that once the year is up and theymove to wage garnishment or seize your bank account it is harder to overcome all this as Pro Se. If you know that soon you are filing for bankruptcy than it's not a problem.

[tcreegan]

Backtoschool! Good to see you again!! Long time no post!

Eniko, you are talking about state rules, right? Beeheery is in CT, they allow 10 years to enforce a judgment, 4 months to appeal a default judgment, 1 month to appeal a 'non-default' one. Creditor has 6 yrs to file suit. As backtoschool said, they allow a motion to vacate a void judgment at any time. Void could be via BK, s.o.l., or technical flaw.

Congrats on your success w/ AmEx!

Tom in Colo

[Eniko]

Yes, I was refering to state rules only. Thank you .