Who Sues?

[treehugger1]

Junker, Please send forward the additional legal fees for vacating a judgment where you live. Please, also cite your state laws and fees. In my state, once someone has filed BK and the debts are discharged, any semi-literate consumer can petition the court under motion to have the judgment vacated. Do you think the original creditor/JDb named in the BK is going to object? On what grounds? Give me a break! This cost is about $50 per judgment here. This is simply a statement (declaration) with papers showing discharge sent to the local circuit court. It does not need to cost hundreds of dollars. A motion to vacate based on BK discharge papers will be signed by any circuit court judge here.

I am really tired of the one-shoe-fits all approach given as advice by some posters on this forum. A judgment is generally local (state/county.) And the local judge/magistrate WILL generally abide by the local and state rules of civil procedure. The court here is not going to expend a great deal of time listening to some objection where the debt has been discharged due to BK.

[treehugger1]

back to school, yes you might "avoid" a judgment temporarily by filing an answer. There is no doubt about that. However, if you are going to file for BK, in the end, the judgment won't really matter. In many states, the judgment can be vacated post-BK. The problem is that it will be left up to you to do the leg-work. You (and everyone else) should also keep in my mind that once a lawsuit is initiated, you will be in the legal crawler (LexisNexis) for a long, long time. Just because someone escaped an actionable lawsuit does not imply the record of suit disappears. Try it! File or don't file an answer and then a few years later request your personal LN report and you might discover that the record is there for anyone with an interest to view. I doubt that it makes any difference whether you "won" or "lost" a suit, the record will remain for anyone interested in paying the money to track your civil/criminal records.

If you can't pay your bills, then file for BK. If you choose not to file, then you need to deal with every ramification (current and fuutre) that comes your way.

Me, I could give a rat's as*! I'll do whatever I deem is important basd on my own personal financial situation. Everyone's situtation and everyone's state laws and procedures are quite different.

[junker]

Here in Ohio you have to pay 199.00 filing cost with the courts to have your judgements vacated. they will not go away automatically

My attorney said as long as I'm staying in my same house for 10 years, I don't have to do anything to have it vacated, it will drop off.

If I do want him to vacate before then, it would cost $300 per judgement to have it done.{NEW YORK, i think}
............................
JUST a couple of quotes from others in other part of this forum. under chap7 i believe.....maybe a little more research before giving advice...is warranted..

[BigJohn]

one thing about vacating a judgement ..ramblin man wont tell you is that it can cost extra beyond normal bk fees to have it vacated. 2 to 300 bucks per judgement is common...if you can get your lawyer to do it for you....something to think about when ignoring a summons....

If you ignore the judgment, and then file bankruptcy, it doesn't always stop the creditor from going ahead and getting a judgment.

I know, the bankruptcy stays all legal action and that creditors are not suppose to try collecting but that is in the ideal world not necessary so in the real world.

[backtoschool]

If you ignore the judgment, and then file bankruptcy, it doesn't always stop the creditor from going ahead and getting a judgment.

I know, the bankruptcy stays all legal action and that creditors are not suppose to try collecting but that is in the ideal world not necessary so in the real world.

Yes but the judgment gets discharged and vacated with the bankruptcy.

[junker]

NO the judgement doesnt automatically get vacated...as said earlier...you could possibly have to pay extra to get it vacated...or lawyer could tell you to do it...it is non enforcable...but not automactically vacated...

[BigJohn]

NO the judgement doesnt automatically get vacated...as said earlier...you could possibly have to pay extra to get it vacated...or lawyer could tell you to do it...it is non enforcable...but not automactically vacated...

That is what creditors are hoping; they push the envelope to the maxium and some windfall falls there way. As they know, nobody is really there to stop them.

[treehugger1]

Junker, I want to thank you for realizing that not all states have the same laws and statutes. This is what makes it hard to offer "advice" on any collections thread. Hopefully, folks in the future will make it clear that it is up to each debtor (and/or their attorney) to consider the ramifications of a judgment. However, cost aside, once one has a debt dischared in BK can file an appropriate motion to have any judgment, and lien (by the way) vacated. You (or your attorney) must file the motion. I wish there was a concrete answer for everyone in every state, but this not the case.

This is also the case with the issue of whether or not one should file an answer. Each state has very different laws related to the responsibility of the respondent. It is a shame that hte in many (most?) states, filing an answer has a large financial cost associated with an answer from the defendant. It is ironic that such rules also apply to the criminal statutes of many states. "If one is presumed innocent, there will be cost asscoiated with declaring such." It's just the way the laws work, regardless of how WE think they should work.

[backtoschool]

Yes, I understand you have to file a motion to get the judgment vacated, and show a copy of your discharge, and possibly pay a fee to the court. But still, after doing all that, the judgment will be vacated.

If you know you are going to file for bankruptcy soon, this still seems simpler than trying to fight a lawsuit right before you file.

[catleg]

I'm hoping that for Ch13, I can list the judgments as liens that impair equity to be avoided under the plan, thus clearing the real estate portion for free. I think I can deal with the rest of it for free myself.

[catleg]

Oh no not hacked, I just decided I need to go with the flow....I found if you say this, everyone agrees with you and you are held in the highest regard. If you take any other position you get into a flame war. So I concede and it is more important that you like me than my giving out accurate information. Being liked trumps being right any day.

So, anytime you get a summons YOU MUST REPLY at all costs, YOU MUST NEVER EVER ALLOW THEM TO GET A JUDGMENT, even if that means.....(I really haven't fully figured out yet how to stop a judgment short of blowing up the court house on your trial day, but I am sure those that advocate this type of approach know the trick).

But anyways, never let them get a judgment, you have to avoid it no matter what.

OK, it feels good now to be with everyone else on this issue no more flame wars. Maybe today I won't be "mentally unstable" (well at least no more than yesterday....LOL).

BB you're confusing the newbies. You have gigantic stature here, don't let the ankle biters get you down. I have taken your advice (and my own experience) to heart in deciding not to respond to these suits, they just cost too much in mental capital to keep up with. I'm lucky, I have a mail lady who doesn't like delivering certified mail, so I just get the post cards, and never go down and pick up the certified mail anymore. Much easier not to know, though I guess if they were motion papers I should go check.

[backtoschool]

Right I know. My post was just a test....LOL

I like your style.

[jacko]

I second that. Have learned a lot here about my rights and how to deal with my creditors and the one that sent the summons. To BB, treehugger and others(except junker) keep up the good work.

BB you're confusing the newbies. You have gigantic stature here, don't let the ankle biters get you down. I have taken your advice (and my own experience) to heart in deciding not to respond to these suits, they just cost too much in mental capital to keep up with. I'm lucky, I have a mail lady who doesn't like delivering certified mail, so I just get the post cards, and never go down and pick up the certified mail anymore. Much easier not to know, though I guess if they were motion papers I should go check.

[junker]

hey ramblin man, i told you earlier because of your mentally challenged condition...i wouldnt upset you...just try and correct your many,many mistakes....you really dont have a clue.....

[lrprn]

OK Junker, Your an idiot... ONE THING JUNKER WONT TELL YOU IS HE IS A CLUELESS TROLL...

You are calling another member names which is a direct violation of forum rule, BB. It's fine to disagree with other members, but no name-calling will be allowed.

If you continue calling other members names on this thread or any other thread, you will find yourself on the sidelines with no posting for a week or more. You've been warned.