Need Help Regarding Judgement

[chickamomminy]

Hi all...new here. I just completed my Chapter 13 Plan, it's been discharged after 5 loooong years. While great news, I'm finding my headaches are far from over...

I finally pulled my credit report- and what a mess! So many things reported wrong. But, the big one is that there is still a Judgement against me.

I filed the Bankruptcy in January of '03, and the plaintiff is Capitol One Bank. The debt was included in the bankruptcy. Yet, this went to court in October of '03. At the time, I was assured by my lawyer it would be dismissed. It wasn't. My lawyer dropped the ball completely.

Now, I'm trying to figure out what to do to make this go away. My lawyer is not returning any of my calls (now that his fees have been paid, he has no incentive to). It's not a HUGE judgement (a little over $2,000.00); but, it should never have happend. Trying to fix my credit; start over, and certainly don't want Capitol One benefitting from this when I eventually sell my house. However, fees to get another lawyer involved make me wonder if it's even worth disputing.

Anybody? Please? I'd truly appreciate any help or persepctive on the matter. Can I handle this on my own through the courts? If so, where do I even start?

Thanks so much!

[rrockinggramma]

does it say "IIB" on your credit reports or "paid" IIB? If not, dispute it at the credit reporting agencies as discharged debt chapter 13. They will investigate. The court should have received a notice of your discharge. If not, mail them a copy along with your creditor matrix showing that Cap One was listed or take it to them to have the judgment marked as paid/satisfied. While you are at the court, check with the clerk and make sure that Capitol One did not put a lein on your home or other secured property as a result of the judgment. If they didn't, then you could write a good will letter to Capitol One and ask them if they would please remove it from your credit report as it was discharged.

I went to my court and ask about "vacating" a judgment and I was told that since it was IIB and marked as satisfied that vacating was not necessary. (since it was discharged) However if a lein was attached, then you will have to file a motion to have the lein vacated (the debt is gone, but the lein would survive) and then have it removed that way. You definitely want it to state that it was discharged chapter 13 or "paid/satisfied?"

However it will stay on your credit report for 7 years from file date unless Cap One removes it for you.

[chickamomminy]

Thank You

It does not have any status listed under the Judgment. Just the Case # and the amount. But, it gets better...

They took this to court after I declared bankruptcy; and it was definitely on the Matrix; but for a lesser amount- as they kept accruing interest and late fees. So that, at the time of judgment, they claimed I owed $2,200.00, which was way above the original amount.

The kicker? Even after the judgment, seems they kept the account open. It's not just listed as a public record for the judgment; but, they have also been reporting me late since 2001! They ~just~ charged off the account in April of this year - and it's NOW showing a balance of $4,794 on the same account...they just kept heaping on late payments and interest!

[rrockinggramma]

let your attorney know this and the bk judge/trustee.

You have a case.

First, go to the court. Show them your chapter 13 plan, creditor matrix with capitol one listed, and now your discharge. Show them the date of the judgment entry. It has to be removed as it was filed AFTER you filed your bk. If the court won't do it, then ask for the paperwork to vacate this judgment and also for a small claims paperwork so you can file suit against capitol one for violation of the stay (1000 per violation)

Then I would write a strongly worded letter to the ceo of Capitol One. And send in copies of your documents. Let them know you INTEND to sue if not fixed on your credit report and with the court immediately.

Send copies of all communication to the trustee and to your lawyer.

Then file a complaint with the FTC (can do it online) and also with the BBB and with the Attorney General in your state.

Send your letter to Capitol One certified, return receipt and also physically go to your courthouse but document everything said/told to you/ and get copies of everything.

Keep us posted.

[chickamomminy]

Thanks again!

I really appreciate your help...and will be in touch with my lawyer and trustee next week before heading to the courthouse.

Will definitely keep you posted. And again, thanks...I had ~no~ idea where to even start on this.