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Judgment still showing on CR - what can I do?

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    Judgment still showing on CR - what can I do?

    Hello,

    About a month and a half after we filed, we received a notice of judgment for one of the cars that was included and surrendered on our BK.

    The auto financer had filed their claim with the trustee and everything BEFORE the judgment was filed (we originally filed 13 and modified it later to a 7). So of course, they were in direct violation of the stay.

    My lawyer basically said 'get in line, everyone does this and there's nothing we can really do about it'. HOWEVER! That judgment is still showing on my CR as valid! It's not even showing as resolved!

    What can I do? I did my disputes, but of course, it's public record so it won't come off. We have been discharged since June 2007.

    #2
    I think that you have to do something to get it vacated. You don't owe anymore, but the judgement still exists. To get it to go away, the court in whcih it is file will have a procedure for vacating the judgement. I have that problem too, but have not had a minute to do the leg work!
    Filed CH7 - 10/13/05;
    341 Meetings: 11/28/05, 3/20/06, 12/4/07 (3d time's a charm!)
    Converted: 2/15/06 (to CH13), 10/15/07 (Back to CH7)
    DISCHARGED: 2/15/08

    Comment


      #3
      Originally posted by coma View Post
      I think that you have to do something to get it vacated. You don't owe anymore, but the judgement still exists. To get it to go away, the court in whcih it is file will have a procedure for vacating the judgement. I have that problem too, but have not had a minute to do the leg work!
      Yep, I think that's my problem as well. Just haven't had the time to go down and deal with it. I was hoping my lawyer would at the time of our BK, but I guess not.

      Is there legal action I can take against them? That judgment will be on there for the next 7 years (even if it IS saying its been dismissed), and that's got to be costing me thousands in interest vs if it wasn't on there at all.

      Comment


        #4
        Originally posted by cali girl View Post
        Is there legal action I can take against them? That judgment will be on there for the next 7 years (even if it IS saying its been dismissed), and that's got to be costing me thousands in interest vs if it wasn't on there at all.
        Yes. But it may take you contacting a consumer advocate attorney. You *may* be able to pursue damages. Depends.
        Chapter 13 Filed "Old Law"
        Filed: 6/2003 Confirmed: 3/2004
        Early pay off sent: 10/05/2007 - 9 months early
        11/16/2007 - Discharged!

        Comment

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