In an earlier post I mentioned I had been served with a court date of next Wednesday at 2:00pm. I paid the balance to my bk atty this morning and showed the notice to him. I explained to him that my kids have to be picked up from school at 2:35pm plus I have a disabled child who can not be left with anyone except me or dh. With only a weeks notice my dh cannot get off work that day. He said to call the courthouse and have it reset-I'd be filed by the next date. When I called she said the only person who can request the date be changed is the plaintiff. So I called and my request was denied. They said if they changed it-I'd go and file BK before the date. I told her to look at her records and she would see I had already planned on BK and that they have my atty's name/number. I tried to explain that I have no job or assets so what did they possibly hope to accomplish? All I kept hearing was that planned on getting a judgment next Wed. I called the court back and talked to a very nice lady who thought this was a complete waste of time on their part. She said for me to write a letter, explaining the circumstances and she would enter it in my case. Basically she said that whether I show up or not, unless I deny owing the money a judgment would be entered, but to just include it in the BK. Those dummies are driving 4.5 hours to "get a judgment" on someone who doesn't work, own a house, or car, & who they know is filing BK (which they have confirmed with my atty.) I hope their car breaks down.
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Yeah, don't worry about this.
There's no point in showing up to court, because you would lose anyways, and since you're judgment proof, even after they get the judgment there's nothing they can do with it. It's not worth any more than the paper it will be printed on.
Just include it with your bankruptcy filing, and all the money they spent filing a lawsuit against you will go right down the drain. They won't collect a penny.
I have a judgment against me and so far they haven't been able to collect a penny of it. They've even stopped calling about it.
They wasted their money filing a lawsuit against me.
About 80% of judgments are never collected. They just use them to scare people into complying with them.
Most people fear judgments far more than they should.The world's simplest C & D Letter:
"I demand that you cease and desist from any communication with me."
Notice that I never actually mention or acknowledge the debt in my letter. -
Whether you show up or not, you definitely want to make sure the judgment is vacated post-discharge. Speak with your attorney about this.Comment
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