Pro Se Ch. 7 - need judgement advice

[reajr]

Hey folks-

I've searched all threads on judgements but am no closer to an answer. I just filed a no-asset Ch. 7 in Florida last month (Pro Se), 341 on Nov. 23. I have a default judgement against me for an unsecured credit card debt ($9k) that was awarded about a month before I filed Ch. 7 . I included the original creditor and the collection agency who won the judgement, but I don't know how to include the judgement itself in the bankruptcy (what documents to file, etc.). As far as I know, the creditor has not secured a lein (no assets anyway) or attached to my checking account (never more than $150) or contacted my employer to garnish wages. Do I have to do anything since there are no leins and the debt will be discharged? Can they still go after my wages? If I still have to formally include it to have it discharged, what forms do I have to file? HELP! Thanks so much in advance to anyone who can offer ANY advice.

[Debtsarenogood]

The judgment will be discharged. The debt the creditor won a judgment was incurred pre-petition so it will be discharged. The fact that there is a judgment now is irrelevant, it is still a debt and it is discharged. The creditor cannot go after your wages or try to collect on this debt whatsoever, this would be a violation of the automatic stay and be illegal.

Usually with lawsuits the only thing you have to do is include all lawsuits that have been brought against you in the last 12 months under the statement of financial affairs, but not listing this lawsuit will not affect the dischargeabilty of the debt. You can always amend the Statement of financial affairs to include it. So once again you are fine don't worry

[Risi0457]

Hi reajr,
I too have two judgments against me from cc, is my understanding that if you file for bk and included it the judgment it would be discharge but to vacate it you need to file some type of a motion with the court or if you have a lawyer he would do it for you. At least that’s what my lawyer told me. Please, if I'm wrong someone correct me Discharging a judgment is one thing to vacate it is another like for example I don't want my CR to show a judgment so I need to file a motion with the court where the judgment took place and also, show them prove that it has been discharged by the bk court to vacate the judgment, is like make it disappear from my CR. Again, is my understanding from my lawyer.

[reajr]

Thanks

Thanks guys,

I think I will try to amend the statement of financial affairs, I'm just not sure how to file a motion to have the judgement set aside as I am representing myself. Thanks again for your responses.

[AAAArt]

Thanks guys,

I think I will try to amend the statement of financial affairs, I'm just not sure how to file a motion to have the judgement set aside as I am representing myself. Thanks again for your responses.

Try giving the clerk at the courthouse and asking what forms you need to file and where to get them. Just a thought. Art

[Minnymouth]

I do not know a lot about avoiding judgements, but if you will search on the form under "judgements" or "vacating judgemens" you will what others have wrote and done.
Maybe some of the other pro se people can offer some input as soon as they read your thread,

Good Luck

Minny

[freshstarter]

I had a default cc (NCO) judgment pre-bk and yes I included it in bk. Then they went for final judgment during my bk. Clerk said to file a motion to strike the default since I had filed bk. Did that. Now the court sent me a notice to go to a hearing on damages!! Now my bk is discharged. NOW WHAT?

[bkfiler]

good question! if you had a BK attorney, visit his office and ask him directly. maybe he could tell you.

if its for damages meaning the entire balance then i doubt you owe anything honestly. whatever you do be sure to go to teh meeting and bring your BK paperwork and court documents too.

[freshstarter]

Thanks for the reply bkfiler...
Don't have a lawyer... Well the damages they listed included the whole deal including the balance.

I did not void the lien in bk, since I don't think they have a lien on our house. I don't believe its been perfected.

But I suppose if I have to, I could still motion to avoid the lien in bk court. Hopefully I can find out more on Monday, when I could make some calls.

I thought the motion to strike default would take care of this, but instead I get this hearing on damages.... this nco won't quit!

[bkfiler]

good luck. whatever yoiu do follow up on it. make SUPER sure there is no lien and if there is then file the motion to avoid the lien within you rown BK proceeding before your BK case closes. otherwise it will cost you to open it afterwards.

i need to file one myself. still looking for an example. if you get yours done and wouldnt mind showing me a copy then it would help. maybe one of the form7 software has it

[freshstarter]

Here's an example:

http://vls.law.vill.edu/prof/cohen/cletranscripts/Debtor-Avoid-Motion.htm

Have you asked the clerk for a local form?

[bkfiler]

yeah i asked the local window chick and she said shes not allowed to help.

(then i told her she cant even have the chips if i were to date her )

their website doesnt have it from what i can tell. they say i have to use pleading paper and write it out myself. give me a freaking break. let me say that again. it feels good. give me a freaking break...

they are all similar, but i dont own a home and would like to find one that deals with a chap 7, no asset, no home.

its prob the same so thanks alot. i have some others that look similar to that one. i like yours the best though. looks cleaner. so thanks very much

[freshstarter]

I don't get how they can DO THIS!
Aren't they supposed to stop all law suits!
I don't see why my bk didn't stop this!!!

I must've messed up somewhere....I guess I should've requested a hearing along with my motion to strike??....Now my 10 days have passed...So have I waived my right to dispute it even though I don't think they should even be doing this??.... though the lawyer doing this for nco has a bad rep.

[freshstarter]

Found out I have not waived my right. The hearing on damages is to determine if there is to be a final judgment. Found out my motion to strike the default was denied. No reason given, but that's when the hearing was scheduled. Guess I'll just have to go....and bring all my papers including the discharge papers....any motions I file now would just sit for 10 days anyway.