Marie ( or anyone who may be able to help ) If someone goes to court, and loses, has a judgement against them, then files for BK, are they still liable for the judement, or can it be included in BK?
I'd advise not letting it get to a judgement. A BK will wipe out the debt the judgement is predicated on but, the judgement itself will survive bk. You and your lawyer will have to return to the court that ordered the judgement to get the judgement overturned. Just more time and another set of legal fees.
I don't understand why you would want to bother with tryint to remove the judgement. All the judgement does is allow the person to take further collection action, which the bankruptcy prohibits on the debt. The only reason i can think of is to have it off your credit report, but it would seem the bankruptcy would be the most damaging thing.
Yes, the judgment can be discharged in the bk. You'll have to tell the atty that you have judgments... I can't remember what it's called... but my atty had to do a 1 page extra thing to get rid of the judgment. Some attys charge up to 200 extra per judgment, which is dumb. It's a form letter with each judgment on each letter. On the computer, it's a cut and paste... If it gets that far, email me and I'll go to my safely deposit box and get the forms out and send you a copy so you can make sure your atty also does one... Not that you would use my copy... but you could make sure you have the right terms to ask the atty... I was also surprised that judgments can survive a bk unless you deal with them specially... but as long as those forms are filed, you're home free. Sorry my memory can't recall it 3 years later...... but the real answer is that a judgment will be discharged as long as you get a good bk atty
okay guys answer me this. 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???
That never should have happened. The Bk filing c means an automatic stay is in affect on all court cases until the bk is sorted out. I'm assuming no one is trying to colect this debt-it's just showing up on your report. You need to see a lawyer about filing the motions to get the judgement set aside. As Marie says, it'll cost a couple of hundered bucks. With the passage of nearly 5 years, I'm not sure what action could be taken against the lawyer that violated the stay.
Wow. I totally agree with everything you said You may be able to just call the other atty, fax him a copy of the bk, and ask he vacate the judgment. Never should have happened. There has been so much time since though, that I don't know what leverage you have to enforce. I think you can no longer sue for fdcpa, fcra, or other issues. If you don't get an immediate response vacating the judgment, call your bk atty and ask for help. You paid for it so go back and tell them they need to finish up your bk properly. also, you may be able to complain with the bk court... I'm just not sure how much the years passed will affect your options. Atty time the other atty definitely violated the bk stay, that's cut and dry. I just don't know what enforcement you can now get...
Oh..one more thing...are you JUST NOW finding out about the judgment? That could possibly have something to do with the SOL, but I'm not sure. In some cases, SOL starts when the person becomes aware but you would need to ask an attorney about that. L
