Consequences of judgement Letters before I file

[caroline1969]

Hi Everyone.

I am trying to file bankruptcy in the state of Virginia. I start working this week as an after school day provider (this is after being unemployed for quite some time) so it will be a while before I am able to afford to file the bankruptcy. My state only has ONE pro bono resource and because I live with a relative I am not eligible to use it based on that person's income - I merely have to save up and wait until I can afford to file.

However my creditors are getting nasty. I am thinking about sending cease and desist letters just to get the calls to stop since they're not just calling my mobile number but this relative's number because it's where I live. I understand oftentimes when you send cease and desist letters, it just expedites them trying to sue you and getting a judgement against you.

What is NOT clear to me - what happens to the judgments when I file bankruptcy? Are they included and removed or I am still liable for them? I just want to make sure I proceed the right way. I want to start sending out the cease and desist letters tomorrow IF I know in the bankruptcy they will be removed.

I hope that makes sense. Thanks for any information you can provide.

Thanks,

Caroline

[keepmine]

The debt that created the judgment is discharged. After the bk is discharged, you go back to the court that entered the judgment and get the judgment vacated.

[Floridagail]

I had one judgement, when I filed chpt 7, It was automatically changed to satisfied no longer owed. It is discharged in your bankruptcy as all rest of your debts. It does show up on your credit report for 7 yrs under court filings. The danger of a judgement is , now creditor can then try to take your bnk account money, or your paycheck from your employer. It happen to a friend of mine, She thought it was fine and 18mos later she lost her job and her severance paycheck was taken by Capital One.

[LadyInTheRed]

The danger of a judgement is , now creditor can then try to take your bnk account money, or your paycheck from your employer. It happen to a friend of mine, She thought it was fine and 18mos later she lost her job and her severance paycheck was taken by Capital One.

This is why you can't rely on anything happening automatically. When you file BK, you need to file a notice of BK with the court where the judgment is entered. If you get a notice of garnishment, you need to object based on the BK's automatic stay. After discharge, something needs to be filed with the court where the judgment is entered to either vacate or cancel the judgment or otherwise make it clear that the judgment cannot be collected. The procedure will vary by state and local court. If the judgment creditor recorded a lien, the lien needs to be dealt with in the bankruptcy.