vacating judgements

[dm523]

I have filed for chapter 7 bankruptcy and have 2 judgemens. my 341 meeting is in 2 weeks. do i need to file some additional paperwork to have these judgements vacated before the actual bankruptcy? or can it be done afteward and if so how do i do it?

thanks

[HHM]

It doesn't need to be done before the 341 meeting, but yes, you will have to file a Motion to Avoid the Judgments before you recieve your discharge.

[FloridaGirl]

Is it possible to file for a Motion to Extinguish a judgment even after your BK is discharged? Remember me? I'm the one who's attorney screwed her. The one who paid the creep well before the judgment went through. The one who believed her attorney when he said he was sending the attorney for the CC company a "suggestion of bankruptcy." The one who was a dumbass for not checking up on what her attorney said he was doing. Yep, that's me. So, even though my BK has been discharged, I now have this judgment on my credit report. Can I still file a Motion to have the judgment extinguished? I'll never be able to pay it and if I could, I wouldn't have needed to file Bk in the first place. I know you are getting tired of me..... :o ....sorry!

[dm523]

thanks for your reply. How Do I file a motion to dismiss the judgements? 1 judgement has been paid for a year but is still showing on my credit report. I do not have that listed in my bankruptcy. The other one is unpaid and is listed. My law is no help on this subject. Is there a form I need to fill out or do I just contact the bankruptcy court?
Thanks

[FloridaGirl]

I have some bad news for you, DM. I did some research on Filing a Motion to Vacate a Judgment. I had a judgment entered against me December '04 due to poor handling of my case by my attorney. First of all, was the judgment entered against you by default? Meaning, were you not present in court to defend yourself? According to what I found out, you can only file for a Motion to Vacate Judgment up to 10 days after you learned of the judgment. If you can prove that you didn't receive proper notice of the judgment, you have 180 days to file from the date of judgment. If the judgment you are talking about was over 180 days ago, I don't know if you will be able to File a Motion to Vacate. I am lucky in the sense that I decided to pull my credit report a few days ago. When I saw the judgment was there, I freaked. I am several days past the 180 day cut-off, but maybe they will take into consideration my attorney was negligent. You might want to do your own research because the laws might differ from State to State. Maybe you can find a loop-hole.

[HHM]

Florida Girl, I think you confusing vacting a judgment in the court in which the judgment was entered (for example, state court), and avoiding a judgment in BK court. You can file a motion to Avoid a Judgment in BK court on ANY judgment in BK court no matter when or where it was entered. What you are probably talking about is setting aside a default judgment under your states rules of civil procedure.

DM, more bad news for you however, it sounds like your issue is a credit reporting issue, if the Judgment was paid, it is no longer a lien, however, judgments (whether paid in full or not) will be reported on your credit report for up to seven years. However, the credit report entry relating to that judgment should reflect that it was paid. However, that judgment can stay on your credit report for 7 plus years.

[FloridaGirl]

I don't think I'm confusing the two purposely...I'm just confused period! So, if you do to file BK, and you already have a judgment on your credit, you can file to avoid the judgment? That's fine...but what if your credit had no judgment before you filed BK, and because of your attorney you now have a judgment? I want this off my credit report as it never should have been there to begin with. I guess I will just have to speak to another attorney. I will let you all know what he says, in the even this has happened, or will happen to someone else.

[HHM]

I don't think I'm confusing the two purposely...I'm just confused period! So, if you do to file BK, and you already have a judgment on your credit, you can file to avoid the judgment? That's fine...but what if your credit had no judgment before you filed BK, and because of your attorney you now have a judgment? I want this off my credit report as it never should have been there to begin with. I guess I will just have to speak to another attorney. I will let you all know what he says, in the even this has happened, or will happen to someone else.

Most states have a provision for setting aside a judgment for "excusable neglect", but that motion must be brought within 180 days of the entry of the Notice of Judgment. (the specifics will depend on your states code of civil procedure).

[lldillon]

I had a judgement against me from a vehicle being re-poed a few years ago...judgement was for balance after bank sale....at 341 meeting I was told that I did not need to file anything to avoid or vacate lien as it was listed in my BK, and that after discharge, if i felt it neccesary, could go to the court where the judgement was filed and give them a copy of my discharge, just to prevent any confusion.

[nature]

I am under that assumption to...i sure hope u r right...