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Discharged Judgment - But Debt Was Paid

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    Discharged Judgment - But Debt Was Paid

    My husband and I filed Chapter 7 in 7/2005, and it was discharged in 11/05.

    When I obtained our credit reports last year for our attorney, I noticed that there was still an open judgment for a utility company that I had actually paid through wage garnishment. The last garnishment was taken out in 12/2002. It was only on one of the reports (I believe Experian).

    I pulled out the judgment paperwork and sent off a letter to both the utility company and the attorney that represented them, asking for a satisfaction. I received NOTHING from either one.

    Our attorney (who ended up being absolutely terrible and shouldn't be doing anything associated with bankruptcies, but that's a whole other story) kept this judgment on the petition, since I never received a satisfaction. So -- this debt was discharged even though I paid it.

    The utility company sent us a letter stating that if we ever needed their services in the future, we would have to pay a deposit because of the bankruptcy. Since then, I have since sent two more letters to them, asking what happened. To this day, I haven't heard a thing.

    I just want them to correct their records, should we ever need their services in the future. And I would really like to know WHY they kept this open. I really don't know what to do to get them to at least acknowledge me.

    I was also told that if it is found that I actually had not completely satisfied the debt (even though I find that hard to believe), any money this company received from me has to be given back. Is that true?

    #2
    I'm not sure what you mean by your last question, but as for your situation, I'd give the company a call. It's possible that you have an old address or it's going to the wrong person who is just trashing them rather than going to the effort of re-routing them. Pick a time when you have plenty of time to waste (as you KNOW you'll be on hold a lot!) and give them a call and try and contact the person you need to get information from. Don't accept "no" for an answer... if someone won't help you or pass you to someone who can... ask for their boss. Keep pushing until you get the information you need.

    Good luck!
    Filed Ch. 7 Pro-Se: 10/12/06
    341: 11/6/06 (went AMAZINGLY well!)
    Discharge: 1/12/07
    Closed:1/19/07

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      #3
      Originally posted by mlmjcace
      I was also told that if it is found that I actually had not completely satisfied the debt (even though I find that hard to believe), any money this company received from me has to be given back. Is that true?
      I'm sorry I didn't make sense.

      I was told that since it was included in the discharge, any money they received from me would have to be given back if it was found that the debt was not paid off completely. But it could be I have incorrect information, as our attorney had only done two bankruptcies prior to ours (we didn't know this) and was VERY inexperienced.

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        #4
        MLM!

        Go down to the utility company and TALK to someone. From what I understand, if your BK has been discharged, then creditors CANNOT go after you for anything. This is what they call "bankruptcy protection".

        I hired a lawyer that utterly ruined me. (See my story: Bankruptcy Nightmare) It absolutely amazes me how so many lawyers made it through law school when they don't even know the basics of their supposed legal expertise.

        Tallulah

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