ynkewmn Posted October 5, 2004 Report Share Posted October 5, 2004 Reading a thread from CALawyer..... Usually, when a motion to vacate a judgment is granted, the case is "reopened" (not a legal term) instead of dismissed and refiled. That makes a difference in terms of the statute of limitations. Check the statute on vacating judgments and see what it says.What could happen if the pre-BK judgement, that you had IIB, was then vacated afterwards. Could this case be "reopened", post BK? In a BK7, or BK13?Hope I didn' t confuse with this question! Link to comment Share on other sites More sharing options...
LadynRed Posted October 5, 2004 Report Share Posted October 5, 2004 No. The underlying debt is discharged in the BK, they can NEVER do anything to attempt to collect on it again. Link to comment Share on other sites More sharing options...
ynkewmn Posted October 6, 2004 Author Report Share Posted October 6, 2004 But can it remain in the Public Records of a CR? So as to say, "Judgement IIB"? Which will of course remain on CR for 10 years.Or can you dispute to try to have it deleted? Link to comment Share on other sites More sharing options...
LadynRed Posted October 6, 2004 Report Share Posted October 6, 2004 First you get the judgment vacated after you've got your discharge. This should be S.O.P anyway as the judgment is now invalid. Once you get the thing vacated, wait a month or so and dispute the judgment on the CR as 'not mine'. People have a great deal of success in getting the judgments off the CR's this way. Link to comment Share on other sites More sharing options...
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