Judgements

[phippy2014]

I have been looking in the forums for the answer but I can't seem to come up with one, so here it goes.



I have reporting on my credit report a judgement that was issued after I filed for CH7. How does one go about removing it from their reports. The debit was included in my BK along with the OC, the lawyer and all the CAs. I thought that once you file for BK they could not seek a judgement?





Thank you in advance for all you help.

[LadyInTheRed]

Yes, the BK should have stayed the court proceeding and prevented the judgment. If the case was filed before you filed BK, then it would have been best to notify the non-bankruptcy court of your bankruptcy to prevent the judgment from being entered. Contact the attorney for the creditor and insist that they have the judgment vacated and remove it from your credit report. Include a copy of the proof of service showing the creditor was given notice of your BK and a copy of the discharge order. Tell them that if they don't have the judgment vacated, you will sue the creditor for violation of the automatic stay or permanent injunction (depending on whether the judgment was entered before or after discharge). You can also file your own motion to vacate a default judgment (I'm assuming you didn't file an answer and the creditor got a default judgment). If the judgment was within the last 30 days, you may want to do that right away instead of trying to get the creditor's attorney to do it. Here is info on how to do that in Illinois: http://www.illinoislegalaid.org/inde...7264&print=yes

Also, file a dispute with the credit bureau and send them a copy of your discharge order. That may remove it, but until you resolve the issue with the creditor, it may show up again.

[phippy2014]

LadyInTheRed,

Thank you for the information. The CA finally removed themselves from my credit report (the last one to be removed). It looks like I can't do anything until I get my discharge, which should be around the first part of March, I had a feeling that this was going to be the tough one. Much to my surprise everyone else has played by the rules.

[LadyInTheRed]

If a default judgment has been entered against you, you need to make sure it gets vacated. Having it removed from your credit report is not the same as having it vacated by the court that entered the judgment. It is possible the creditor already took care of it. Check with the court where the judgment was entered and find out. According to the link I provided, it is easiest to get a judgment vacated within 30 days of the default being entered. If the judgment has not been vacated, you should take care of it right away. You do not need to and should not wait until after discharge to get this taken care of. Ask your attorney for help. I would have suggested that in the first place, but for some reason thought your case had already been discharged.

[catleg]

Lady in Red is right, you should be able to get the judgment vacated, at no cost to yourself.
The creditor's attorney has a responsibility, upon being notified of your BK case, to stop the proceedings.