what to do with Judgments

[yankeemom2]

I have just filed for my chapter 13. This whole ordeal has been very hard on me and for the longest time I did the cowardly thing and never opened my mail. I know that there must be judgment against me but I do not know how to find out or what do about them when I do find out what they are.

And will they be handled under the chapter 13 since the debts are the same as what I am going bankrupt for in the first place.

If any one can give me any direction I would greatly appreciate it.

[hhou812hh]

I have just filed for my chapter 13. This whole ordeal has been very hard on me and for the longest time I did the cowardly thing and never opened my mail. I know that there must be judgment against me but I do not know how to find out or what do about them when I do find out what they are.
And will they be handled under the chapter 13 since the debts are the same as what I am going bankrupt for in the first place.

If any one can give me any direction I would greatly appreciate it.

I'm not sure about this area (judgements), but I thought a judgement is something that is handed down from the courts. Did you ever go to court or did you get a subpoena and not show?

[yankeemom2]

Well you see that is the thing. I would receive certified mail and not open it, regular mail from lawyers, collection agencies etc and never open them. I guess I just couldn't deal with what was happening and that went on for about two years. The Stupidest thing I have ever done. So here I am. I don't know how to find out or where to turn to look.

[hhou812hh]

I think that since you didn't sign for the certified letters legally they have no records of you acknowleging receipt of going to court. I could be mistaken though.

[HHM]

I think that since you didn't sign for the certified letters legally they have no records of you acknowleging receipt of going to court. I could be mistaken though.

That generally won't matter, in most states, assuming they need to send it certifed mail at all (which they may not even have to do), all the attorneys have to do is "send" it certified mail to the debtor's last known address; it won't matter that she never signed for it. And the post office does give a reciept that shows the parcel was sent certified mail.

All you can do is either find your local courts website and search for your name (assuming your court has that option), or go down to the local court clerks office and have them run a search.

[hhou812hh]

That generally won't matter, in most states, assuming they need to send it certifed mail at all, all the attorney's have to do is "send" it certified mail to the debtor's last known address, it won't matter that she never signed for it.

All you can do is either find your local courts website and search for you name (assuming your court has that option), or go down to the local court clerks office and have them run a search.

That's good to know. Thanks!

[Minera]

Get a copy of your credit report, it will let you know if there are any judgements against you.

[iggie97]

as a law student, let me explain this correctly regarding summons, etc.......it is sent certifed mail by the court where the suit is filed.......if you refuse to sign for it or if it is not delivered within a time period, it is returned to the court. The court then notifies the Plaintiff. The Plaintiff will then instruct the court to send the Summons/Complaint to you via regular mail to your last know address. Once it is mailed, it is considered served, and the only way you can get out of it is the following. IF you did not sign for certifed mail etc., and you did not receive a Summons, then you need to file a Motion to Vacate Judgment with the court, in which you will need to state such, and include a notarized affidavit stating such. This normally will cost a fee, 25-50 dollars in most courts. Then you hopefully will have the judment vacated, whereby the case will be reopened and discovery proceed etc.....Any questions, just ask......

[hhou812hh]

as a law student, let me explain this correctly regarding summons, etc.......it is sent certifed mail by the court where the suit is filed.......if you refuse to sign for it or if it is not delivered within a time period, it is returned to the court. The court then notifies the Plaintiff. The Plaintiff will then instruct the court to send the Summons/Complaint to you via regular mail to your last know address. Once it is mailed, it is considered served, and the only way you can get out of it is the following. IF you did not sign for certifed mail etc., and you did not receive a Summons, then you need to file a Motion to Vacate Judgment with the court, in which you will need to state such, and include a notarized affidavit stating such. This normally will cost a fee, 25-50 dollars in most courts. Then you hopefully will have the judment vacated, whereby the case will be reopened and discovery proceed etc.....Any questions, just ask......

About how long do you have to be late with a cc payment(unsecured) before they go through this process. Does it usually depend upon the bank?

Thanks in advance!

[iggie97]

About how long do you have to be late with a cc payment(unsecured) before they go through this process. Does it usually depend upon the bank?

Thanks in advance!

honestly, that is up to them.......technically, according to the law, you are in default the day after you miss one payment.....technically, they can sue you after that....although. from experience, they usually will attempt collection themselves, then sometimes close the account and hace someone else try to collect on it, then usually file suit. The impoirtant thing here is you need to not worry about that, but find out if you do have any active judgments against you....this is important since if you do, they can execute this judgment at any time, thereby garnishing your wages, bank account, etc.

[freshstarter]

Get a copy of your credit report, it will let you know if there are any judgements against you.

Maybe.....our judgments did not show up in our credit reports.

[iggie97]

Maybe.....our judgments did not show up in our credit reports.

okay.......there are usually two courts you generally will need to check....your County court, at least where you have lived for the past few years...and also your municipal(city) court for the same.........call and talk to the clerk of court, and I am suire they will be happy to do a records search for you.....

[iggie97]

your credit report will NOT necessarily show all judgments that a creditor has against you