When and How Does One Remove Judgment Liens?

[gman]

Scenario:

1. I have 2 judgment liens against me - but neither is against my home (I rent) and both are against "any and all property."

2. I am filing Chapter 7 in October.

3. Neither lien is on my credit report.

4. I understand that the liens will be "uncollectable" after I have my case discharged.

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Questions:

1. Should I still file a motion to have the liens removed/vacated? (Again - note they have never been reported to a credit reporting agency but they are in the public records.)

2. If so - WHEN should I do this specifically in the BK process?

3. Seeing I would do this part Pro Se as well, can you elaborate on the actual steps and costs I should expect to incur? (I am in Georgia if that matters.)

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Thanks to all!

[tyson24]

You would do that after. Ask your attorney, or if filing pro se, you will need to find one to get the judgments off. They will remove them from public record. My attorney charges $150 a judgment. Hope this helps!

[HHM]

You would need to file a motion, IN YOUR Bankruptcy to remove the lien. You would do this after you case is filed but before discharge. Since we are dealing with personal property, you file a 522(f) Motion (for code section 522(f)) to avoid the liens. Then you can use the order of avoidance to actually get the liens vacated at the state level. What you have to do at the state depends on the state rules. You may be able to simply file the BK Court Avoidance Order with the secretary of state to show the liens are not valid. To actually vacate, you would probably need to go back to the state court in which you were sued and file a motion to vacate the judgment.

There shouldn't be any costs associated with the motion (no filing fee, or anything like that).

[tobee43]

You would need to file a motion, IN YOUR Bankruptcy to remove the lien. You would do this after you case is filed but before discharge. Since we are dealing with personal property, you file a 522(f) Motion (for code section 522(f)) to avoid the liens. Then you can use the order of avoidance to actually get the liens vacated at the state level. What you have to do at the state depends on the state rules. You may be able to simply file the BK Court Avoidance Order with the secretary of state to show the liens are not valid. To actually vacate, you would probably need to go back to the state court in which you were sued and file a motion to vacate the judgment.

There shouldn't be any costs associated with the motion (no filing fee, or anything like that).

the firm we hired explained up front that any motions to vacate a judgment would be up and above the quoted amount for filing the bankruptcy. it just the way they did here.

also i know someone in nj...it was the same additional cost...each motion filed to vacate cost them $600....above the bk charge.

YOUR HIRED!! LOL!

[gman]

You would need to file a motion, IN YOUR Bankruptcy to remove the lien. You would do this after you case is filed but before discharge. Since we are dealing with personal property, you file a 522(f) Motion (for code section 522(f)) to avoid the liens. Then you can use the order of avoidance to actually get the liens vacated at the state level. What you have to do at the state depends on the state rules. You may be able to simply file the BK Court Avoidance Order with the secretary of state to show the liens are not valid. To actually vacate, you would probably need to go back to the state court in which you were sued and file a motion to vacate the judgment.

There shouldn't be any costs associated with the motion (no filing fee, or anything like that).

I am filing Pro Se.

I am checking the box in the Debtors Statement of Intention that I am seeking to avoid lien using 11 U.S.C. § 522(f)

It sounds like AFTER filing but BEFORE discharge I still have some work to do to get the liens vacated. CORRECT?

If so, where does one get the "template" to file a motion to have the liens vacated?

Is this a standard document nationwide or is it a "district by district" piece of paper?

[HHM]

the firm we hired explained up front that any motions to vacate a judgment would be up and above the quoted amount for filing the bankruptcy. it just the way they did here.

also i know someone in nj...it was the same additional cost...each motion filed to vacate cost them $600....above the bk charge.

YOUR HIRED!! LOL!

LOL, I guess I should be clearer, there are no "court" costs associated with filing the Motion to Avoid Lien; what an attorney will charge is another matter.

[HHM]

I am filing Pro Se.

I am checking the box in the Debtors Statement of Intention that I am seeking to avoid lien using 11 U.S.C. § 522(f)

It sounds like AFTER filing but BEFORE discharge I still have some work to do to get the liens vacated. CORRECT?

If so, where does one get the "template" to file a motion to have the liens vacated?

Is this a standard document nationwide or is it a "district by district" piece of paper?

Motions are rarely in a standard form. All a Motion is is a request for the court to take some sort of action. The reason you won't find a form is that the Motion normally constitutes the giving of legal advice because it allows you to take some action in reliance on the content of the motion.

[gman]

Motions are rarely in a standard form. All a Motion is is a request for the court to take some sort of action. The reason you won't find a form is that the Motion normally constitutes the giving of legal advice because it allows you to take some action in reliance on the content of the motion.

I wonder if given the type of court - this can be done in writing as opposed to driving there to make a motion in person?!?!?

Also - the county where the judgment was awarded and the county where the motion would be entered are not one in the same. They are however in the same BK district.

[tobee43]

LOL, I guess I should be clearer, there are no "court" costs associated with filing the Motion to Avoid Lien; what an attorney will charge is another matter.

ok....then let me take that back.....YOU're NOT hired!!!...unless it's cheaper than $600 per motion. thought that was a bit steep...but it is... what it is... and worth every penny as far as i view it.

personally, the filing fee pay be nothing...however, i would never go it alone on this one.

[justbroke]

There are some Districts across the country that have "local forms" for avoidance of liens under 11 USC 522(f). Please know that the lien must impact an exemption that you have in said personal property. For example, if you have a Widget worth $5,000 and the lien is for $3,000, and the State's exemption is $2,000 for such Widget, then the lien DOES NOT IMPAIR the exemption.

It's a quite simple formula that is used, and it's actually spelled out in 11 USC 522(f), if I remember correctly.

[NYCountry]

I filed Chapter 7 in 2007 in New York State and everything went great. I thought I was all done but found out this year that I had judgments against me. I reopened my BK which cost $260 and went through all the procedures to vacate the judgments. I went to court three days ago and none of the creditors showed up or offered any objections so the clerk told me I didn't even need to be there. I was wondering what happens now. Does the BK court put the results in Pacer? How do the judgments get removed from the courts where they were entered years ago? I gues I don't know if I, personally, have to do anything to get things done and over with. Any help is appreciated.

[tobee43]

I filed Chapter 7 in 2007 in New York State and everything went great. I thought I was all done but found out this year that I had judgments against me. I reopened my BK which cost $260 and went through all the procedures to vacate the judgments. I went to court three days ago and none of the creditors showed up or offered any objections so the clerk told me I didn't even need to be there. I was wondering what happens now. Does the BK court put the results in Pacer? How do the judgments get removed from the courts where they were entered years ago? I gues I don't know if I, personally, have to do anything to get things done and over with. Any help is appreciated.

you will receive an actual "order" from the court vacating the judgment....

do yourself a favor...as i advise everyone to do...take that order, along with your discharge and scan them in your computer....you will always have a copy at your fingertips just in case you need to prove anything in the future.

i don't use pacer...because i don't want ulcers...so the order will come in the mail from the court. you want the "paper" anyway...must more than a group of written words on pacer. promise.


good luck...it might take a few weeks to get the signed orders out to you, but you will get them.

[kornellred]

Anyone can file a motion to vacate or set aside a judgment without an attorney. You had better have a valid reason or the motion will get tossed into the trash can. A bankruptcy discharge is just about the most valid reason to set aside a judgment. In fact, the court cannot refuse to set a judgment aside in this case.