OK, I'll try to make this brief:
Before I filed BK, I was served in a Small Claims from a person who claimed not to receive and order from me. I disputed it, and did not include it in my BK.
Flash forward to this week...I received an entry of Foreign Judgement from *my* county, but never received anything from her county, which is in another state. So she won the small claims. I figured I would simply send a copy of my discharge to her county once I receive it (the objection period ends in January).
Well, guess what. The Sheriff's Dept served me with an "Execution Against Property". He asked if I could pay the $378 on the spot! I said no way, and explained that I was in Bankruptcy and this debt would be discharged. He told me I needed to contact the Clerk of Courts office and work something out, or he'd be back in 10 days to take TV's or whatever else to satisfy the judgment!!!!
OK, so I contacted the Clerk of Courts, and explained. She told me to write a letter to her and CC my local judge and the person who got the judgment. She knows nothing about bankruptcy and so I explained there was an automatic stay and that even though this wasn't listed on my BK it will be discharged. She said if it's not resolved by the time the Sheriff comes back, that I should tell the deputy to call her...great! He came last time at 9:00 p.m.!!
How screwed am I that she wasn't listed as a creditor?? Does anyone know the statute/code that says all my debts, listed or not, will be discharged? What should I do if the Sheriff comes back?
SIGH.
Before I filed BK, I was served in a Small Claims from a person who claimed not to receive and order from me. I disputed it, and did not include it in my BK.
Flash forward to this week...I received an entry of Foreign Judgement from *my* county, but never received anything from her county, which is in another state. So she won the small claims. I figured I would simply send a copy of my discharge to her county once I receive it (the objection period ends in January).
Well, guess what. The Sheriff's Dept served me with an "Execution Against Property". He asked if I could pay the $378 on the spot! I said no way, and explained that I was in Bankruptcy and this debt would be discharged. He told me I needed to contact the Clerk of Courts office and work something out, or he'd be back in 10 days to take TV's or whatever else to satisfy the judgment!!!!
OK, so I contacted the Clerk of Courts, and explained. She told me to write a letter to her and CC my local judge and the person who got the judgment. She knows nothing about bankruptcy and so I explained there was an automatic stay and that even though this wasn't listed on my BK it will be discharged. She said if it's not resolved by the time the Sheriff comes back, that I should tell the deputy to call her...great! He came last time at 9:00 p.m.!!
How screwed am I that she wasn't listed as a creditor?? Does anyone know the statute/code that says all my debts, listed or not, will be discharged? What should I do if the Sheriff comes back?
SIGH.
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