start-over Posted December 9, 2004 Report Share Posted December 9, 2004 Hi I am in the process of filing for BK, just waiting for lawyer to send the papers bank to me for my signature. On my credit report there is a judgement for $6500 for a cc. This card is included in the BK, but I dont understand how a judgement stays after the BK if it is for one of the BK accounts. and this judgement was filed in the county I use to live in so does it still stick. The Lawyers assistant told me they would have to look into it after filing, just drag it out longer? Also, i have the habbit of rambling, HaHa. Link to comment Share on other sites More sharing options...
bingo Posted December 9, 2004 Report Share Posted December 9, 2004 Once the underlying debt that created the judgment is discharged, your lawyer will petition the court to vacate the judgment. Should be pretty routine. Link to comment Share on other sites More sharing options...
Guest jeeptravel Posted December 9, 2004 Report Share Posted December 9, 2004 Yes. That is bread and butter bankruptcy stuff. Shouldn't be a problem. Just remind the lawyer.jt Link to comment Share on other sites More sharing options...
start-over Posted December 10, 2004 Author Report Share Posted December 10, 2004 I spoke with the lawyer today and filled out the rest of the papers. I asked about thejudgement and she said that it would drop because there is no "real property" to attach a lean to. (lein, lien, sound it out. Haha) she was akso sayin that they probabally not include the car payments as an expence since they will fall off soon, I owe like $450 on a '91 cavalier, yup in ridin in style ... With that we had to "adjust money" so I spend all my income. I do that in real life but on paper it shows that I have more money, I know there is only bugeting to blame. Link to comment Share on other sites More sharing options...
bingo Posted December 10, 2004 Report Share Posted December 10, 2004 The problem with letting a judgment hang around post bk is, if you ever try and buy a house, it'll pop up when the underwriter runs your credit. Most of the time, they have to be satisfied prior to funding or, the rates will be subprime. Scotch this thing while it's fresh. Link to comment Share on other sites More sharing options...
rodeomom Posted December 10, 2004 Report Share Posted December 10, 2004 Bingo,Can you explain in more detail each side of judgement pre/post bkI'm a newbierodeomom Link to comment Share on other sites More sharing options...
bingo Posted December 10, 2004 Report Share Posted December 10, 2004 A judgment pre bankruptcy can be enforced by wage garnishment, freezing bank accounts,etc.Post BK, the underlying debt that created the judgment is gone and the creditor can no longer attempt to collect. BUT, the judgment itself is still lefy lying around in public records. If you don't get it vacated, it may well foul up a real estate transaction.Ladynred, could you link that post on freeadvice where the poster neglected to have a judgment vacated in a bk she filed in the late 90's? I don't remember the posters name but it was withing the last week. That post will sum up the potential problem perfectly. Link to comment Share on other sites More sharing options...
LadynRed Posted December 10, 2004 Report Share Posted December 10, 2004 That woman's case is EXACTLY why you should have all judgments vacated. They had no real property when they went thru their BK, and the lawyer brushed off doing anything at the time because they didn't have any property. BUT, just recently they go to sell or re-fi their home and find out there was a lien attached to it !!! Her lawyer had to re-open their old BK case and file papers to get the lien avoided. She has had to pay additional retainer fee AND all kinds of other fees to have the case reopened, papers filed, plus the lawyer's hourly rate ! If her lawyer had just taken care of vacating the judgment years ago, this never would have happened.So, as you can see, it doesn't matter that you don't have any property NOW, if that judgment stays on the books, they CAN and likley WILL go after it ! Link to comment Share on other sites More sharing options...
bingo Posted December 10, 2004 Report Share Posted December 10, 2004 I'll keep an eye out for that thread. She surfaces every so often with an update that involves bitching about the additional expense.I don't post over there very much since that jerk Steve whatever arrived on the scene. The SOB's generally wrong but you sure can't convince him of that and then, end up getting involved with the never ending thread from hell. Link to comment Share on other sites More sharing options...
bingo Posted December 10, 2004 Report Share Posted December 10, 2004 I'll keep an eye out for that thread. She surfaces every so often with an update that involves bitching about the additional expense.I don't post over there very much since that jerk Steve whatever arrived on the scene. The SOB's generally wrong but you sure can't convince him of that and then, end up getting involved with the never ending thread from hell. Link to comment Share on other sites More sharing options...
LadynRed Posted December 10, 2004 Report Share Posted December 10, 2004 Yes, Steveo is a royal PITA and, as you say, he thinks hes just never wrong The other day I pasted in text straight from the FDCPA and his response was he didn't know where I was getting that 'stuff' !!! He's such a jerk. I did put him on my ignore list so I don't see his responses on the board anymore, but when I'm subscribed to a thread, his responses still come into my email .. though I won't tell HIM that. Funny thing though, I posted some statutes info out of the OH statutes and as far as I know he has NOT said a word about that issue since. I wish we could get rid of him. I keep hoping he'll get bored and go away. Link to comment Share on other sites More sharing options...
Gryffindor Posted December 10, 2004 Report Share Posted December 10, 2004 I agree! I've just given to e-mailing the posters he's antagonizing and letting them know he's a junk debt buyer! The board has been very slow the last couple of days. Link to comment Share on other sites More sharing options...
start-over Posted December 11, 2004 Author Report Share Posted December 11, 2004 So it is my understanding that with no real property the judgement attached to my name. If or when I am able to get real property, would the judgement auto-attach to that new property? I live in Florida, if that makes any difference. My lawyer brushed off my judgement and said that it would drop. Link to comment Share on other sites More sharing options...
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