i put a hospital bill in my bk 7 on 10/13/97 filed with courts. the hospital gave it to a lawyer which he got a judgement for on 10/23/97 is this right how can a judge give a judgement on something that has been filed in bk. and the CRA validated it??? This judgement is showing up on my credit report and would like to get it off!!!
Contact the attorney who filed your bk. The lawyer should not have been able to get a judgment because of the automatic stay. Its likely when you didn't show up in court, the judge granted it not knowing you had filed bk and its possible that attorney didn't know it either. Who can say? L
Wouldn't have been a subpeona...should have received a summons and a verified complaint or summons and complaint. L
The only thing i received was the letter from the hospital atty that said if i didnt pay then he would take me to court. Then i immediatly called my bk atty and he put it in my bk... Now i have this judgement a month after i filed bk7... This is the first time ive actually checked my credit since bk
i was first gonna call the bankruptcy court to see what they say before i call my atty. unless you think that would be unwise
I don't know what the bk court could do for you, but won't hurt to try that I can see. I am not an attorney, so I could be wrong on all of this, but based on what I would do at work, the attorney would file a motion to quash the judgment and the basis would be that it was included in a bankruptcy petition and therefore was subject to the automatic stay. L
Should my atty do this because it was part of the bk7 then i shouldnt be subject to pay extra for this??? im hoping
Well...should he and will he are two different things...lol. If it hasn't been too long ago (can't recall when you said this was), then he might include it with what you have already paid. I guess if you would be comfortable in going in front of a judge you might could do it yourself if your lawyer wants to charge you. We could hunt you up a Motion to Quash and you would have to pick up and study the Rules of Civil Procedure in your area because they won't cut you any slack simply because you don't know what you are doing. I just realized I butted into this conversation. Sorry...my name isn't Marie. Maybe she will have some different advise. Sorry, Marie!!!!! L
