listing a judgement

[aachudneymiles]

Would I list a judgement as its own item or just list orignal creditor and then put the address to to court on the creditor matrix?

I am filing prose in VA jointly there is a judgement for a apartment that we had and could afford anymore for 1300.00 I have already listed the orig. creditor as a unsecured non priority but was wondering do I list the courthouse with the judgement since they are on my credit as well as public record?? ... Thnx you guys for all your help

[rrockinggramma]

You list the judgement separately and give the case number and the court address. The court will be notified. You might also want to consider researching and filing the paperwork (as you are pro se not sure of everything you would need to do) to get that judgement vacated once you are discharged.

[rilbrianne]

I have a judgment as well and I only listed the original creditor on my schedule - on the page is a place that states "date debt incurred and consideration for claim"... that's where I put that it was a judgment and the date that the debt was originally incurred.

*I listed the court and the original creditor both on the Matrix. This way it will be sent to the right department.

This is how I did it:

66TH Circuit Court....
Judgment
555 Judge St.
.... you get the picture.

[aachudneymiles]

Thnx Love you guys

[dpickrn]

I had the same situation. Even though I had an attorney to fill out the paperwork for my bankruptcy, I had my judgment vacated afterwards and did it pro se. I didn't have the extra money to have him do it. This wouldn't have been included in the price of my bankruptcy fees. He listed both the court and the rental company on the creditor matrix in schedule F. He listed the original creditor with the amount owed and the court with a zero dollar amount. He also listed the judgment in the statement of affairs section under suits and administrative proceedings, executions, garnishment and attachments. (It's highly likely the reason they got the judgment is so that they could garnish your income or attempt some sort of other means of collection. Of all my creditors, my former rental company was the meanest and nastiest even though they were just after me breaking the lease and not after back rent.)

The jist is that I had to quote the section of my state (Ohio) revised code (it's probably 60 in your state too) that stated that a judgment could be vacated and dismissed related to the financial responsibility to the judgment being made a moot point by the bankruptcy.

Here's a copy of what I filed. 17 days later the judge agreed and vacated and dismissed the court case against me. The bankruptcy takes care of just the financial burden of the judgment. It remains a public record issue. Vacating and dimissing closes the case on the remaining realms.

(Be sure to send a copy of this motion to the Plaintiff. In Ohio, it could be just via regular mail. You should check to see that if in your state that it has to be certified with return receipt or not. Also, include a copy of your bankruptcy discharge.)

IN THE FRANKLIN COUNTY MUNICIPAL COURT
COLUMBUS, OHIO

Plaintiff
Address

v.

Defendant
Address

Case Number:


MOTION TO VACATE AND DISMISS

The defendant respectfully moves this honorable court to vacate and dismiss the above noted judgment per:

OHIO RULE OF CIVIL PROCEDURE 60(B). MISTAKES; INADVERTENCE; EXCUSABLE NEGLECT; NEWLY DISCOVERED EVIDENCE; FRAUD; ETC.:

On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(B); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (5) any other reason justifying relief from the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2) and (3) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this subdivision (B) does not affect the finality of a judgment or suspend its operation.

This judgment and debt was included in discharge by the United States Bankruptcy Court Southern District of Ohio (Columbus) in case number 2:07-bk-xxxxx on September 4th, 2007 and is now uncollectible per:

UNITED STATES CODE TITLE 11--BANKRUPTCY CHAPTER 5--CREDITORS, THE DEBTOR, AND THE ESTATE SUBCHAPTER II--DEBTOR'S DUTIES AND BENEFITS SEC. 524. EFFECT OF DISCHARGE:

(a) A discharge in a case under this title--
(1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived;
(2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived; and
(3) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect or recover from, or offset against, property of the debtor of the kind specified in section 541(a)(2) of this title that is acquired after the commencement of the case, on account of any allowable community claim, except a community claim that is excepted from discharge under section 523, 1228(a)(1), or 1328(a)(1), or that would be so excepted, determined in accordance with the provisions of sections 523(c) and 523(d) of this title, in a case concerning the debtor's spouse commenced on the date of the filing of the petition in the case concerning the debtor, whether or not discharge of the debt based on such community claim is waived.

Based on such, the defendant prays that the judgment be vacated and dismissed.


__________________________________________________
Date Defendant, Pro Se


CERTIFICATE OF SERVICE



A copy of this motion has been served upon the plaintiff at their last known address by ordinary United States First Class Mail on the 5th day of September, 2007.


__________________________________________________
Date Defendant, Pro Se




I hope this helps. I can't get the format to transfer over very well. If you'd like a copy of how everything is spaced and looks on my original ... private message me.

[Adchick]

Did you wait until your bk was discharged to have the judgment vacated?

[dpickrn]

Yes. I had to because my motion relied on the fact that my bankruptcy discharge made the judgment uncollectible.

[aachudneymiles]

thnx dp

[aachudneymiles]

I had the same situation. Even though I had an attorney to fill out the paperwork for my bankruptcy, I had my judgment vacated afterwards and did it pro se. I didn't have the extra money to have him do it. This wouldn't have been included in the price of my bankruptcy fees. He listed both the court and the rental company on the creditor matrix in schedule F. He listed the original creditor with the amount owed and the court with a zero dollar amount. He also listed the judgment in the statement of affairs section under suits and administrative proceedings, executions, garnishment and attachments. (It's highly likely the reason they got the judgment is so that they could garnish your income or attempt some sort of other means of collection. Of all my creditors, my former rental company was the meanest and nastiest even though they were just after me breaking the lease and not after back rent.)

The jist is that I had to quote the section of my state (Ohio) revised code (it's probably 60 in your state too) that stated that a judgment could be vacated and dismissed related to the financial responsibility to the judgment being made a moot point by the bankruptcy.

Here's a copy of what I filed. 17 days later the judge agreed and vacated and dismissed the court case against me. The bankruptcy takes care of just the financial burden of the judgment. It remains a public record issue. Vacating and dimissing closes the case on the remaining realms.

(Be sure to send a copy of this motion to the Plaintiff. In Ohio, it could be just via regular mail. You should check to see that if in your state that it has to be certified with return receipt or not. Also, include a copy of your bankruptcy discharge.)

IN THE FRANKLIN COUNTY MUNICIPAL COURT
COLUMBUS, OHIO

Plaintiff
Address

v.

Defendant
Address

Case Number:


MOTION TO VACATE AND DISMISS

The defendant respectfully moves this honorable court to vacate and dismiss the above noted judgment per:

OHIO RULE OF CIVIL PROCEDURE 60(B). MISTAKES; INADVERTENCE; EXCUSABLE NEGLECT; NEWLY DISCOVERED EVIDENCE; FRAUD; ETC.:

On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order or proceeding for the following reasons: (1) mistake, inadvertence, surprise or excusable neglect; (2) newly discovered evidence which by due diligence could not have been discovered in time to move for a new trial under Rule 59(B); (3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation or other misconduct of an adverse party; (4) the judgment has been satisfied, released or discharged, or a prior judgment upon which it is based has been reversed or otherwise vacated, or it is no longer equitable that the judgment should have prospective application; or (5) any other reason justifying relief from the judgment. The motion shall be made within a reasonable time, and for reasons (1), (2) and (3) not more than one year after the judgment, order or proceeding was entered or taken. A motion under this subdivision (B) does not affect the finality of a judgment or suspend its operation.

This judgment and debt was included in discharge by the United States Bankruptcy Court Southern District of Ohio (Columbus) in case number 2:07-bk-xxxxx on September 4th, 2007 and is now uncollectible per:

UNITED STATES CODE TITLE 11--BANKRUPTCY CHAPTER 5--CREDITORS, THE DEBTOR, AND THE ESTATE SUBCHAPTER II--DEBTOR'S DUTIES AND BENEFITS SEC. 524. EFFECT OF DISCHARGE:

(a) A discharge in a case under this title--
(1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived;
(2) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect, recover or offset any such debt as a personal liability of the debtor, whether or not discharge of such debt is waived; and
(3) operates as an injunction against the commencement or continuation of an action, the employment of process, or an act, to collect or recover from, or offset against, property of the debtor of the kind specified in section 541(a)(2) of this title that is acquired after the commencement of the case, on account of any allowable community claim, except a community claim that is excepted from discharge under section 523, 1228(a)(1), or 1328(a)(1), or that would be so excepted, determined in accordance with the provisions of sections 523(c) and 523(d) of this title, in a case concerning the debtor's spouse commenced on the date of the filing of the petition in the case concerning the debtor, whether or not discharge of the debt based on such community claim is waived.

Based on such, the defendant prays that the judgment be vacated and dismissed.


__________________________________________________
Date Defendant, Pro Se


CERTIFICATE OF SERVICE



A copy of this motion has been served upon the plaintiff at their last known address by ordinary United States First Class Mail on the 5th day of September, 2007.


__________________________________________________
Date Defendant, Pro Se




I hope this helps. I can't get the format to transfer over very well. If you'd like a copy of how everything is spaced and looks on my original ... private message me.

dp where did you find your laws like that? because I would need to find mines in my state. is there a website or something

[dpickrn]

Here's the section of Virgina Code (http://leg1.state.va.us/cgi-bin/legp...0+cod+8.01-428

[aachudneymiles]

Here's the section of Virgina Code (http://leg1.state.va.us/cgi-bin/legp...0+cod+8.01-428

YES!!! it was a default judgement ..also in the military. I thank you sooooo much for your help. I am filing on the 1st and getting started on the motion to vacate asap..

So tell me was the paper above you posted the only paper you return in or serviced on the trustee. and you had a court date and that was it ? ohh yeah dont I have top wait until bankruptcy is discharged before the motion? or did you do it before discharge?

[dpickrn]

I served it to the plaintiff and to the court that the judgment was obtained in. I really didn't involve the bankruptcy court other than providing a copy of my discharge to the judgment court to prove the judgment was void. I waited until the day that I received my discharge. I never even went to the court ... I did it all by mail. They vacated and dismissed it by mail too.