Removing or Changing County Records After Bk

[Lilyat108x]

Can someone please tell me how I can remove old lawsuits from creditors filed on me that were dismissed in bk on the county records site? Maybe they are not actually removed but I thought I read it on here somewhere that once they are discharged, you can have them removed.

[bcohen]

You don't say what state you live in, or what state(s) the judgments were awarded in. The laws on vacating or removing civil judgments after bankruptcy vary from state to state.

[Lilyat108x]

I'm in Florida.

[IBroke]

I'm in Florida.

In Florida, judgments included in bankruptcy can be vacated one year after discharge. Here's how it works:

http://law.justia.com/codes/florida/...section55.145/

[AngelinaCat]

Thank you IBroke, however, we may be having a misunderstanding of terminology.

To the OP:

Are you talking about having judgments removed from your liability? Or are you talking about having the paperwork regarding your case(s) removed from the Public Record?

If you want to know how to vacate a judgment and/or get it removed from your credit reports, that is one thing. If you are attempting to have the legal paperwork regarding all of these things, removed from Public Record, that is not going to happen.

If you have a judgment against you, then you will have to fulfill all of the requirements necessary to satisfy or vacate said judgment. Then you must make sure that the correct paperwork is submitted to the court to follow up everything that is already in the Public Record.

If everything is finished and over with as you say, the BK can remain on your credit report for up to ten years.

I re-read your post and am still puzzled as to what you are asking, hence my somewhat disjointed reply.

Good luck to you.

[IBroke]

True, AngelinaCat, "having judgments removed" is a tricky term to use..

I (perhaps wrongly) assumed that the OP asked about vacating because he/she already hinted that they might not be actually "removed" at all.

[LadyInTheRed]

Also, the term "county records site" make me wonder whether you mean the county court or the county recorder. If a judgment was recorded at the county recorder, there may be lien that needs to be dealt with, or should have been addressed in the BK.

[Lilyat108x]

Thanks!

[Lilyat108x]

I meant vacated but didn't know the correct terminology. And it was credit card debt at clerk of court.

[tobee43]

Also, the term "county records site" make me wonder whether you mean the county court or the county recorder. If a judgment was recorded at the county recorder, there may be lien that needs to be dealt with, or should have been addressed in the BK.

they call it something different calif. i remember the first you used your term and it sounded so different. in the east the county court is usually near the county clerks officer and the courts send over all docs to put on record to that office. the term county recorder was new to me until i heard you use it. (even tho i do some work in calif, i don't do any recording of docs), i'm sure it's close to the same type of office.

i know in calif, per se, they elect their judges. so cool! very progressive. not here, one is put in by a friend and their they stay for ever.

[LadyInTheRed]

they call it something different calif. i remember the first you used your term and it sounded so different. in the east the county court is usually near the county clerks officer and the courts send over all docs to put on record to that office. the term county recorder was new to me until i heard you use it. (even tho i do some work in calif, i don't do any recording of docs), i'm sure it's close to the same type of office.

i know in calif, per se, they elect their judges. so cool! very progressive. not here, one is put in by a friend and their they stay for ever.

In California, the County Recorder is sometimes also called the County Clerk or the County Clerk/Recorder, depending on the county. It is always completely separate from the courts.

I record deeds in Florida occasionally. It isn't that much different than in California, but the terminology can be confusing. There are County Recorders in Florida. In some counties, like Polk County, the County Recorder is a separate office, or at least it appears to be completed separate from the County Clerk of the Court. The Recorder maintains real property records. In other counties the County Recorder (or the Official Records Department and maybe departments with other names in different counties) is a division of the county court clerk's office. In every county I checked, the trial court records and real property records appear to be kept separately, but I suppose that may not be the case in all counties. According to my research, if a judgment creditor wants to perfect a lien against the judgment debtor's real property in Florida, the creditor must record the judgment with the County Recorder or whatever division of the court maintains real property records. It does not happen automatically when a judgment is filed in the civil court's records. Vacating a judgment in the civil court records might not remove a lien recorded against real estate (it might, but I don't know). So, when somebody talks about the "county records site" in the context of judgment, it may be important to clarify whether they are talking about a judgment lien recorded against real property or just the civil court record of the judgment.

In California, only the judges in the county superior courts are elected. The State Superior Court and Appellate judges are appointed by the governor and are ratified by the electorate at the next general election after their appointment and every twelve years after that. If a judge is voted out, the governor appoints a replacement. It is rare that judges are removed by the electorate. I'm not so sure electing judges is a good thing. A judge is supposed to be impartial. Judges who are concerned about re-election may be tempted to make a ruling that will be popular instead of the ruling they know is correct. If they are worried about how they are going to pay for a campaign, they are vulnerable to the influence of potential donors, including the parties in cases before them and their attorneys. After typing that, I did a little research about Florida judges and found out that they used to be elected by popular vote. But that was changed because of the kinds of problems I'm talking about.

[AngelinaCat]

After typing that, I did a little research about Florida judges and found out that they used to be elected by popular vote. But that was changed because of the kinds of problems I'm talking about.

We can still vote for judges initially--that is, we vote among a number of candidates to fill a judgeship that becomes vacant due to age, or other reasons. Last November we had three judgeships that were vacant because the judge in the seat had become 70 years of age, so they had to retire. Once the winning candidate is sworn in and takes office, we voters will be asked several years later if Judge So and So should be retained in office. That is the only other 'say-so' that we voters have on the matter.

'Hub and I typically vote NO on all retentions.

[tobee43]

In California, the County Recorder is sometimes also called the County Clerk or the County Clerk/Recorder, depending on the county. It is always completely separate from the courts.

I record deeds in Florida occasionally. It isn't that much different than in California, but the terminology can be confusing. There are County Recorders in Florida. In some counties, like Polk County, the County Recorder is a separate office, or at least it appears to be completed separate from the County Clerk of the Court. The Recorder maintains real property records. In other counties the County Recorder (or the Official Records Department and maybe departments with other names in different counties) is a division of the county court clerk's office. In every county I checked, the trial court records and real property records appear to be kept separately, but I suppose that may not be the case in all counties. According to my research, if a judgment creditor wants to perfect a lien against the judgment debtor's real property in Florida, the creditor must record the judgment with the County Recorder or whatever division of the court maintains real property records. It does not happen automatically when a judgment is filed in the civil court's records. Vacating a judgment in the civil court records might not remove a lien recorded against real estate (it might, but I don't know). So, when somebody talks about the "county records site" in the context of judgment, it may be important to clarify whether they are talking about a judgment lien recorded against real property or just the civil court record of the judgment.

In California, only the judges in the county superior courts are elected. The State Superior Court and Appellate judges are appointed by the governor and are ratified by the electorate at the next general election after their appointment and every twelve years after that. If a judge is voted out, the governor appoints a replacement. It is rare that judges are removed by the electorate. I'm not so sure electing judges is a good thing. A judge is supposed to be impartial. Judges who are concerned about re-election may be tempted to make a ruling that will be popular instead of the ruling they know is correct. If they are worried about how they are going to pay for a campaign, they are vulnerable to the influence of potential donors, including the parties in cases before them and their attorneys. After typing that, I did a little research about Florida judges and found out that they used to be elected by popular vote. But that was changed because of the kinds of problems I'm talking about.

thanks lady, very interesting how things are run differently depending on where you are from. (at least to me it is )

funny, it's really not that different. what i'm use to is, once a judgement or motion that needs any filing as been ordered and finalized, it's sent to the county clerks office. i haven't done much here in florida that needed to be recorded. (i do have a few things to get done i have a few years before it becomes a problem, but i'm certain the people would appreciate having it on the record).

in nj you are in fact correct, just because you vacated a judgement and the order was signed by the judge you still have to go through other steps to have it removed from the record.

yes, i know my BIL is a superior court judge, (LOL!! you might even know him in northern cal ) he was appointed by the governor, however, after serving only a few months someone did run against him. he won, but i know it cost them a ton of money to run a campaign. that was appox 15 years ago, no one has ever run against him again, lucky for them. in some areas (like a village) ny state judges also have to run, yet i have seen some appointed, it's confusing . i rather like the fact that people vote them in, as opposed to a possible "political" favor, my most favorite BIL excluded LOL!!