Help! Notice Of Motion For Judgement In The Mail, On A Acct The Was Discharged In Bk.

[NOMOREBADCREDIT]

NOTICE ON MOTION OF JUDGEMENT IN THE MAIL TODAY ON A ACCT THE WAS DISCHARGED IN BK. THIS IS FROM A STATE I DONT LIVE IN ANYMORE WHAT CAN I DO. can i sue.

[NOMOREBADCREDIT]

can this be moved

[Flamingo]

NOTICE ON MOTION OF JUDGEMENT IN THE MAIL TODAY ON A ACCT THE WAS DISCHARGED IN BK. THIS IS FROM A STATE I DONT LIVE IN ANYMORE WHAT CAN I DO. can i sue.

Just contact the attorney who handled your BK and he/she will take care of it.

[NOMOREBADCREDIT]

Just contact the attorney who handled your BK and he/she will take care of it.

is was a pro se case.

[Flamingo]

is was a pro se case.

If it was the actual account included in your BK, sending them, via certified or registered mail, a copy of the discharge and creditor matrix should take care of the problem. I did not know your filing was pro se so maybe those that have filed pro se on here and gone through anything similar can help you more.

[magyar123]

Go to court, take your bankruptcy documents with you, show it to them, ask them to lift the judgment/motion.
Probably by some zombie collection outfit that has been recently in the news of trying to collect on legally discharged debts.
For good measures send that collection outfit a GF yourself card.

[NOMOREBADCREDIT]

Go to court, take your bankruptcy documents with you, show it to them, ask them to lift the judgment/motion.
Probably by some zombie collection outfit that has been recently in the news of trying to collect on legally discharged debts.
For good measures send that collection outfit a GF yourself card.

i live in a diffrent state from where the judgement was filed. i filed bk in the state i now live in which is 6 hours a way.

[oldbaddebts]

I would consider sending the plantiff and the attorney each a copy of the dishcarge, the first page of the petition to show date of filing, and the creditor matrix. Also include a statement that the documentation shows that there is no legally enforceable debt. Send all of this certified mail, return receipt requested. Then, I would contact the trustee that handled your bk and advise them of the issue and seek their assistance. I know some people don't care for the trustees, but their job is to administer cases according to the law, and they can be helpful if what you need is supported by the law.

If they don't drop the motion, then maybe see if you can find a way to go to the hearing, keeping ALL receipts of expenses and show the same documentation to the judge and the case will likely be dismissed, then seek the judge to allow you a judgment to recapture your expenses, go home and file to have your case reopened to allow your BK judge to go after the creditor.

Good Luck

[FreshLikeADaisy]

Nomorebadcredit, you say it was a notice of *judgement*, as though there was already a hearing and a decision. If a judgement has been won against you for a debt included in the bk, what you have to do is a "Motion to Vacate" (you can type this up in Word; look for examples on the net) and include a photocopy of your discharge. I think you should call the courthouse where the judgement was filed and find out what their procedure is, but it's my bet that you can even mail it. Once this is done, and the judge grants your motion, it is as if the judgement never existed. You can also use this to dispute it with the credit bureau, if it happens to get reported (also illegal).

Worst case scenario is that you didn't specifically list this debt in your bankruptcy filing, and would have to reopen your bk case to add the creditor, but that is unlikely unless you left them off altogether. If they sold the debt to a junk debt buyer that doesn't count: you list the creditors *you know of* on the day you file, and that's enough.

Don't sweat it, and look into filing a Motion to Vacate by mail. I think you'll do fine, and in the end this is more a formality than anything. Good luck!!!