Judgement a few days before discharge

[tobee43]

great, i'm so glad you got it from the "horses" mouth

[Batiatus]

I called some other law firms. One firm doesnt want to take my case because he didn't file my BK. Another firm gave me some option: 1) write the credit bureau a dispute and attach my discharge, 2) write a letter to the bank and tell them to remove the judgement and 3) He said I can sue them but it will be difficult and I will need a lot of money from you

[tobee43]

really??? can you go back to the atty who filed for you? i'm surprised since these kind of cases are money in the bank so to speak to the attys.

[Batiatus]

really??? can you go back to the atty who filed for you? i'm surprised since these kind of cases are money in the bank so to speak to the attys.

I filed Pro Se.

I Just got back from a free consultation. The lawyer informed me that we really can’t do anything since I have not informed the credit union to fix the judgment and credit report. He said to write them a letter or he is more than willing to send them a letter for $250. If they don’t respond or fix the problem, then we can sue them at bankruptcy court.

He noticed the name of the judge for my BK and now he is hesitant because the judge always rule on creditors side.

I’m writing the credit union a letter now. Should I ask for damages?

Thanks

[justbroke]

That attorney was nice to give you a practice pointer. I have mentioned the same thing, for seeking sanctions, in other threads in the BKForum. That is, you must give actual notice to the creditor when they violate. While you are not "technically" supposed to do that, it goes a long way to proving your case... since you would have given the creditor a chance to correct their mistake.

Send the notice of violation of the permanent discharge letter and make sure it's certified mail return receipt (CMRR). I never give anyone 30 days to correct a violation. I give them 5-10 days from the date on the letter. I typically use FedEx and not regular mail, just so that I have a tracking number. I also keep track of all my postage costs, overnight costs, phone calls, and anything I do with regard to stay violations in a well maintained "file" (a spreadsheet).

The violation letter should demand withdrawal of the (a vacated) judgment within 14 days, or at least a letter informing you that they are going to do so. You let them know that their non-compliance will be met with a motion to re-open for the sole purpose of enforcing the permanent discharge injunction and for sanctions. As mentioned, there are some attorneys that will take this on contingency.

I hope you are thinking of using an attorney since you seem to be unfamiliar of the general practice around stay violations.

[tobee43]

i hope it all works out for you. i agree with jb, and hope if it continues that you consider using an atty for this situation.

best of luck to you!

[bcohen]

I filed Pro Se.

I Just got back from a free consultation. The lawyer informed me that we really can’t do anything since I have not informed the credit union to fix the judgment and credit report. He said to write them a letter or he is more than willing to send them a letter for $250. If they don’t respond or fix the problem, then we can sue them at bankruptcy court.

That is probably $250 well spent. A letter from an attorney will work wonders to resolve this problem, especially if the letter mentions possible legal action to seek sanctions against the creditor. Companies tend to listen much more to letters from an attorney than they would to letters from a consumer.

[GIn]

I have a similar situation, I think. Small claims case heard on Jan 1, 2012. Judgment against me. I had 30 days to appeal the judgment, but I filed BK on Jan 15, before the appeal window expired. ( I would have appealed it had I not been filing BK, as the debt was bogus.) I contacted the court today and the clerk said that they won't vacate the judgment because it was indeed a judgment. I'm hoping she doesn't know what she's talking about. I can't find any process on this in the state statutes, no mention of vacating a judgment due to BK. What should I do? I don't want this thing sitting out there.

Reading these posts, it sounds as if I should contact the original creditor, to have him vacate the judgment, but he won't be willing to help me - he's a jerk. So what should I do?

[idainc]

Been There - twice

I represented myself in a chapter 7 filing.

Your creditor was noticed by the court and as they chose to pursue you in small clains court they have violated the automatic stay. You may re-open the case yourself (no fee) and file a very simple motion with the court asking for damages and sanctions. If it went to trial (and ours did) (twice) the judge will award you damages and instruct the creditor to correct their error. The judge will likely take the positon that this is a simple error and that the creditor has overlooked the fiing in error. The damages you'll receive will correspond to your loss ( time + expenses). Be prepared to accurately state your loss. There will be no wind fall judgement in this case as there is no pattern of behavior. I received damages paid to me as I am self employed and this action took time away from my business.

More likely though, the creditor will contact you and want to settle. If you hire an attorney you will pay him / her for their time and then the creditor will pay you. The judgmet will be vacated.

It was worth it to me to take them into court just for the simple pleasure of having the judge stomp on them in person twice.