Now that I'm discharged -- how do I get that judgment dismissed?

[NewPage]

Can someone give me a step by step to do this on my own? I received a judgment from Amex before I filed, but they didn't get a lien on the house or anything. Attempted to levy bank accts that were no longer mine, but that was also rescinded once I filed.

Where do I start?

Thanks

[DesdemonaB]

NewPage

The term is not dismissed it's vacate and in Oregon you would file a motion to vacate in the court that issued the judgment. Not sure if there is a filing fee (states are always in need of revenue so don't be shocked if there is a fee) but once the motion is filed you will receive a court date, you must attend. In court you will then have to plea your case to why the judgment should be vacated - Oregon Rules of Civil Procedure Rule 71 Relief From Judgment or Order (R71,B1,E) "the judgment has been satisfied, released, or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application." Bring with you all your BK schedules showing that the judgment as included and of course your discharge papers.

Once you receive the ruling from the court all you need to do is send that to the CRA to have the judgment removed from your reports. Good Luck.

[JessMN]

Here's what I did....different state, but maybe it will point you in the right direction

http://www.bkforum.com/showthread.ph...-my-steps-(MN)

[LadyInTheRed]

Here's an oregon form: http://courts.oregon.gov/Coos/docs/M...teJudgment.pdf It's under a Coos County directory, but looks like it will work for any county. Check http://courts.oregon.gov/OJD/forms/index.page? to see if your county has a different form. Look through the state rules and your county's local rules for procedural guidance.

[treehugger1]

ladyinthered, the form you suggest is a motion to vacate a judgment of dismisal, so one can reopen a case that was dismissed.

To the original poster: Check with your local cour clerk. They might be able to help you, since this is procedural. If nothing else, make a few slight changes to the wording of the form LITR found. You will probably need a few forms: afivdavit, your plea to vacate the judgment, and a motion to vacate, prepared in advance, for the judge to sign.

Are you sure that the judgment did not automatically place a lien on your home? In Oregon, many judgments automatically place a lien on real property.