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Judgment, not sure what happened with it


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In 2001, we had some financial problems after our three year old was hospitalized for a month.

The car dealer that we had just gotten our car from gave us $500.00 to help with the down payment.

The dealer was a personal friend of my Dads and said that we could pay for this "when we had the money". Well, he quit working for that dealership but I guess that the 500 was still on the books. (now that I write this down I now think that we never signed anything and never was given an official loan)

Just after our son got out of the hospital we received a court summons for this. At that time we where so far in the hole we had already started our Bankruptcy. My husband went to the court, wrote and explanation of the debt and informed them that this would be included into the bankruptcy.

We never heard from them again. I don't know what happened, if they ever got a judgment against us or if it was dismissed.

Well, now that I am trying to get our credit back on track, (four years later) I see that this Judgment is being reported. It has the date filled, and a claim amount of 871.00 but N/A under Liability amount. How should I go about getting this off? I thought I should go to the court house to see what they say, but I didn't want them to have all this fresh in there minds for validation if I dispute. What should my next action be? Please advise. Thanks you!

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I think the first thing you need to do is sort out the dates that these things happened.

1. What date was the money loaned...

2. When did you file BK...

3. When was the judgement issued...

Basically, if the money was pre-BK and the judgement post-BK you should be able to have it vacated because the debt that was associated with it was discharge in the BK. If that's the case, you don't need to DV...just file a motion to have it vacated (see the menu item above).

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Ok, I must not have got your exact meaning out of your first post, I reread it and think I got it now :oops:

We had been getting the bankruptcy together since January 5 of 2002, but the official file wasn't until Feb 14 of 2002. They sent us the summons on January 16,2002, we answered that it was not our debt that it was a personal arrangement between the dealer and my Dad.

Since we never did sign anything that stated we had to pay this, that looks bad for them too.

We also wrote in the answer that we where in the process of declaring bankruptcy and this would be included. We never heard another thing. We never where given a court date, and I don't think that a judgment was reached. If there was we where never notified. This is exactly what it says on my report, I'm not sure if this is the way judgments are just reported or not.

MY TOWN Magistrate Court

Date filed/date resolved 1-2002/NA

Responsibility NA

Claim amount/ liability amount $871.00 / NA

Status details

Status: Civil claim judgment, Plaintiff; C.B.F./INC. This item is scheduled to continue on record until Jan 2009.

Thats it. So I'm not sure if being "in the process" actually counts or not. You have been a great help Thank you!

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Sorry...garage sale this week end...been busy all day Fri and Sat....

Anyway...so the time line goes...

1. Debt (alleged) was incurred prior to BK filing.

2. Summons after BK filing...but NOT before BK discharge.

..so...in my opinion, the debt (even if it was yours) was discharged in the BK. Therefore, the judgement is invalid.

From what you've shown of your credit report, there is indeed a judgement against you. You probably want to get that corrected.

You should be able to have that vacated since the debt was NOT valid (because either it wasn't yours to begin with, or if it was it was discharged in the BK) at the time the judgement was issued.

You might have to get a lawyer involved to get this removed. I guess I'd suggest talking with the clerk of courts at your local courthouse to see what can be down.

(The problem is, courts don't usually report to the credit bureaus themselves. A 3rd party gets paid to read court records and enter them on your CRs. Even getting a bogus judgement removed takes some work.)

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Hope your garage sale was better than mine! We live so far out of town that hardly no one came, so next week I am advertising in the paper first! :D

OK sounds great, I think the same thing you do. I will go hunt up the clerk and see what they say. If I need to I will get a lawyer. I hate to pay one but I don't want to get myself into more trouble, so it may be advisable.

It is so much nicer to be older and wiser and not getting into this kind of trouble any more :lol: I guess we all live and learn, Thanks for you time!

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