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HHM, Todd...please help!

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    HHM, Todd...please help!

    I just did extensive research regarding filing a Motion to Vacate a Default Judgment. What I found out shocked me and upset me. Okay, you know my story, but I will re-cap anyway. November '04 I received a notice that I was being sued by my CC company. Right away, I went to consult an attorney about BK. I paid him his complete fee and he assured me that he would take care of the summons I received by sending a "suggestion of BK." He told me he would respond to the summons and that I didn't need to do anything. So, December '04 I received a notice that a judgment was entered against me. I consulted my attorney and he told me not to worry because the judgment would be extinguished when my BK was discharged. My BK was discharged in May and I pulled my credit report a couple days ago. The judgment was there! Upon investigating my BK paperwork I found that the attorney sent the "suggestion of BK" two months after the court hearing and subsequent judgment was rendered.

    So, I looked up what I neded to do in order to Vacate the Judgment. According to web-sites I looked at, you must file the Motion to Vacate 10 days after you receive notice of the Judgment!!!!!!!!!!! You must go to court for this and everything. Basically, have a new hearing. Well, how in the World could I have done that when I had no clue that my attorney was jacking with me? I thought all was being taken care of, so how would I have known about the 10 daylimit to file a Motion to Vacate? I also learned that you might have longer if circumstances permit, so I ask either of you....is improper handling of my case by my attorney going to permit me to still file a Motion to Vacate this Judgment? God, had I known all of this, I would have gone to that court hearing and told them I was filing BK, instead of trusting the attorney. Do you think I have grounds to file this Motion, even though I am well past the 10 day limit? Seeing as how all of this just came to light when I pulled my credit report, I should be able to file the Motion, shouldn't I?

    I hope so, because if I can't, I am still going to be responsible for this 19 thousand dollar debt. And if that is the case, I will file a complaint against this attorney. The main reason I went to him was to take care of the law-suit, and he did nothing.

    Basically, my question is, based on what I have said, do you think I can still File a Motion to Vacate the Judgment?

    #2
    You are talking about the specific rules of your States Civil Procedure, which is not a Bankruptcy issue and way beyond the scope of this forum.

    Bottom line, you can always file the motion because the worse that can happen is that the court will deny it and you in the same position as you are in now. (however, you really need to speak to a local attorney as there may be consequences if the court determines that your motion was frivilous, i.e. paying the other sides attorney's fees etc.).

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      #3
      Ok...thanks.

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