Vacating a judgment--with a twist

[rjmwx81]

Once I get my discharge, I'm going to need to vacate a judgment. Just one problem, the court where the judgment was obtained is in another state. (I lived there at the time.)

How do I go about this motion to vacate? (I'm pro-se.) Do I need to have the judgment domesticated to my new state (I've been here nearly 5 years), or do I do everything through the court in the previous state? If I have to do everything with the previous state, can it all be done by mail, or am I going to have to attend a hearing?

[tcreegan]

Hi rjmwx81,

I imagine it can be done via mail, not a very complex court action. I would check to see if the court has a website to download the proper forms, if not I would call the court clerk, explain I was out-of-state, and ask them to mail the forms. While you have them on the line, ask if you are going to have to make an appearance.

Hope you can do it via the US mail....

Tom in Colo

[tobee43]

Hi rjmwx81,

I imagine it can be done via mail, not a very complex court action. I would check to see if the court has a website to download the proper forms, if not I would call the court clerk, explain I was out-of-state, and ask them to mail the forms. While you have them on the line, ask if you are going to have to make an appearance.

Hope you can do it via the US mail....

Tom in Colo

one would think no matter where the judgment came from, once you filed your bk...you should hopefully be able to file the motion via the bk court. the creditor will then have to respond to the court ...the motion to vacate would be issued by the bk court tom??? wouldn't it be? so wouldn't same court would issue the order ....one would think???

[rjmwx81]

My understanding is that the BK takes the "teeth" out of the judgment (the underlying debt is discharged, thus cannot be collected on by garnishment/levy), but to have it actually removed from the record requires a separate motion outside of the BK. I'm including the court in my matrix just to cover all my bases.

[tobee43]

My understanding is that the BK takes the "teeth" out of the judgment (the underlying debt is discharged, thus cannot be collected on by garnishment/levy), but to have it actually removed from the record requires a separate motion outside of the BK. I'm including the court in my matrix just to cover all my bases.

yes, however, to remove it one must file a motion to vacate or it stays on your credit forever....you need that order in your hand.

[free2breathe]

My understanding is that you must have the judgment vacated by the same court that granted it. I wouldn't think any other court would have jurisdiction to vacate it.

[rjmwx81]

yes, however, to remove it one must file a motion to vacate or it stays on your credit forever....you need that order in your hand.

Right, that's what I said. I just meant that I'm *also* listing the court in my matrix as an extra precaution...just in case the creditor tries to get cute and enforce the judgment post-discharge. (How they would do that when I'm in another state, I have no idea, but I find that a little bit of paranoia where creditors are concerned is a good thing.)

[tobee43]

Right, that's what I said. I just meant that I'm *also* listing the court in my matrix as an extra precaution...just in case the creditor tries to get cute and enforce the judgment post-discharge. (How they would do that when I'm in another state, I have no idea, but I find that a little bit of paranoia where creditors are concerned is a good thing.)

gottcha!! creditors many times are located all over the country. good idea!

[tobee43]

My understanding is that you must have the judgment vacated by the same court that granted it. I wouldn't think any other court would have jurisdiction to vacate it.

i do know someone that had to have 6 judgments removed...a few were out of state addresses each were filed separately...i think 2 or so were one of the big banks...all located out of state. i know her atty filed in state for the motions to vacate since the judgment was filed in that state where the person resided. hopefully, we can get some more clarification from someone...anyone?? LOL!!!

[SunshineGal]

I think you file a motion to vacate in the bk. Maybe one of the Pro-se gurus will chime in.

[AbbeyA]

If there is a judgment but it is not reflected on a credit report, does it still need to be vacated? DH had a judgment against him from a business debt, which was discharged in ch 7 bk. When we pulled our post-bk credit reports, the judgment is not on his. The judgment was obtained about 2 months before we filed for bk.

[free2breathe]

"2. File the Paperwork

You should file your motion at the same court which granted the judgment in the first place. Go to the courthouse and tell the court clerk that oversees the specific court your judgment was filed in that you are filing a motion to vacate a judgment. Give them your typed "motion to vacate." There may be some additional forms for you to fill out at the courthouse, and more than likely there will be filing fee. The clerk should know exactly what needs to be done with your paperwork. Sometimes they can answer your questions but other times they will tell you to hire a lawyer to help you to prepare the legal documents."

I found the above at this website http://ezinearticles.com/?How-To---V...ent&id=1462530

I've found similar instructions at several different 'How To" websites. Aside from consulting an attorney, the best practice may be to contact the court where the judgment was granted and ask about the procedure to file a motion to vacate. Your bankruptcy attorney would be able to file the motions to vacate, but again I believe they would have to file in the court(s) where the judgment(s) was/were granted. I've searched and searched about this topic and keep coming up with the same answer. I can only hope that I won't have to deal with this myself (knock wood!)

[ilovemyfam]

Do I understand this correctly, that you can have judgements that were placed against you before you file bankruptcy vacated and removed? I am trying to file due to multiple judgements from creditors, but I am caught between a rock and hard place as my case is very unique and havent found the right lawyer yet.

[free2breathe]

My understanding is that if the debt that is addressed in the judgment is discharged through bankruptcy, then the judgment has a good chance of being vacated due to the discharge of said debt in the bankruptcy. I'm sure someone will jump in and correct me if I'm wrong.

[tcreegan]

Hi all, free2breathe, you are doing a great job!

My understanding is that you must have the judgment vacated by the same court that granted it. I wouldn't think any other court would have jurisdiction to vacate it. ...yup

debt that is addressed in the judgment is discharged through bankruptcy, then the judgment has a good chance of being vacated due to the discharge of said debt in the bankruptcy more than a good chance...it will

best practice may be to contact the court where the judgment was granted and ask about the procedure to file a motion to vacate. yup, diffferent courts may have slightly different documents, the court clerk can assist you.

Ilovemyfam, Do I understand this correctly, that you can have judgements that were placed against you before you file bankruptcy vacated and removed? yup, you understand correctly...

AbbeyA, If there is a judgment but it is not reflected on a credit report, does it still need to be vacated? ...you really should, these things have a habit of causing trouble later.

rjmwx, but to have it actually removed from the record requires a separate motion outside of the BK. I'm including the court in my matrix just to cover all my bases. yup, you need to file a motion to vacate/set aside in the court where the judgement was awarded. Including the court on the matrix usually doesn't work b/c the notice won't have the local court case number on it. In our county court, the clerk said it goes in the circular file....

Hi tobee, one would think no matter where the judgment came from, once you filed your bk...you should hopefully be able to file the motion via the bk court. the creditor will then have to respond to the court ...the motion to vacate would be issued by the bk court tom??? wouldn't it be? so wouldn't same court would issue the order ....one would think??? ....you would think so, especially b/c the BK court is a federal court but they won't cross jurisdiction, the BK court discharges the debt but you have to go back to the court that recorded the judgement to have it vacated.

Lets all vacate then take a vacation....

Tom in Colo