I recently had a judgement appear on my credit report dated for 04/2003. The problem is that I filed a bankruptcy in 03/2003. I was protected under automatic stay. The judgement was issued apparently while I was protected under automatic stay. I disputed this with equifax and it came back verified. How can I get this judgement removed without it being listed as included in bankruptcy. I filed the individual account within my bankruptcy and I don't understand how a judgement was even entered. Please offer any helpful suggestions that you may have to get this removed.
If the judgement was filed against you when you were in BK, then you have a case against the judgement creditor for damages. If it was discharged and you did not reaffirm it in the BK, then it is discharged and you are judgement proof. That is why we file a BK. As far as not getting it included in your BK on your credit report? I would call the attorney and tell them to vacate the judgement with no further reporting. If it has not appeareed in your public records section of your report by now, why would it appear later? They will just vacate the judgement and forget about it.. Anyone else want to chime in?
I think what's happened is the judgement has appeared on the CR and that would be in the public records section. In order to get it removed from your CR, you need to get the judgement vacated. You may have grounds for damages if you filed for BK before the judgement occurred. But I'm not sure what sort of damages and how you go about it. At the very least, it should be possible to vacate it. Then you have the task of getting it off your CR. All fun stuff, really.
when was the judgment awarded? it could have been awarded before you filed and since you typically have thirty days to appeal before entered into judgment, that would explain why it is dated after. did you notify the courthouse that you were filing during the appeal timeframe? judgments are reported by the courthouse - not the CA. Have you contacted the CA about the judgment showing? i'm not sure how it would work if you listed the CA but not the judgment in your bankruptcy. i think you need to list them specifically.
One idea would be to get down to the court clerk's office and get a copy of the judgment so you can see all the dates involved. It might help solve the mystery of when it actually went into effect. Then you can move forward to have the judgment vacated, that's the next logical step.
