judgement questions

[AJ]

If a judgement for an unsecured credit card is granted by the court, the person would be notified, right?

And, can bankruptcy be filed for a judgement? If yes, would the judgement be no longer listed on your credit report?

If an unemployed person does not declare bankruptcy on a judgement, and finds work several years later, can the judgement be enforced? How many years can a judgement be enforced?

Thanks for any information you have.

[ghacorp]

Yes, the defendant would be notified if not by the court, by the creditor who will be attempting to collect.

Yes, bankruptcy may cure the underlying debt, but the judgment would have to be removed by motioning the court. No, judgments will remain on the credit report for seven years.

Judgments can be enforced anytime. (That is the reason why the creditor filed the compaint in the first place.) Judgments in most states can last until satisfied.

[obxdude]

I had a judgement filed againest me and they won by default. I never even knew that they had filed a judgement or won one until I got my credit report 3 years later.

It will stay on your credit report for 7 years. They can collect on the judgement as long as the SOL hasn't expired. The SOL is usually 10 years but, they can file for an extension. You should check the SOL for your state.

[Equaliser]

I would start off by reading up on your state's rules of civil procedure. Usually, the procedure is as follows:

1) Notice of Motion and Motion to Vacate Judgement, grounds being improper service and lack of due process (4th and 14 Amendments, US Const.).

2) Notice of Motion and Motion to Reopen Case, same reasons

3) Notice of Motion and Motion fro Trial de Novo, same reasons

4) Notice of Motion and Motion to Compel Discovery.

Make sure all of your documents are notarized.

[J Kelly]

Not true that they can not collect on a judgment forever. There is an SOLC which depends on the state law. SOLC for judgments are very long though, and can usually be renewed.

http://whychat.5u.com/States/states.html

Scroll down to your state, and see what they say about judgments.

Yes, if you file bk, they will not be able to collect on the judgment. It is an extra step for the attorney though, not automatic.

[Equaliser]

Where are you going with this, J Kelly? I just outlined the procedure to get this wiped clean outright. SOLC is not an issue for wiping out the judgement itself.

[J Kelly]

There is a time limit for collecting on judgments. You said that they can collect on a judgment forever. They can't. I am not disputing our procedure as I fully admit that I know little about legal proceedings, but again, this is basic.

If they are not able to collect on a judgment within the time frame designated by state statues, then they can not collect. A judgment is completely different from a collection account, but it's not a free for all. Laws apply.

If the poster files bk. the judgment can be vacated, that was not his question?

Sorry, it wasn't you that said that they could collect on a judgment anytime.

[Equaliser]

I don't know where you picked that thought up. With the exception of student loans, the longest I've ever seen is 10 years (Federal and Wisconsin). If you look at the post, it says that the judgement was 3 years ago. Depending on the state, it can still be collected. Never in my posts have I said that you can collect on a judgement forever. If I have, I would appreciate you showing me where I've said that. However, most states run between 6 to 10 years. This is even explained on this very website. I have no clue where you're coming from on this.

[Sarris]

Can the court award a higher interest rate than the states standard of say 12%?

I have seen cases were people have been saddled with interest rates as high as 26%. Ouch.

If you owe say $9,000 x 26%yr x 10 years = $113,400. You can bet your sweet a$$ they are going to renew. (Especially if you own a home or other property.)

No if you motion to vacate or other and loose, the 10 year clock starts over. If you owe the money try to settle with them.

[willingtocope]

Okay...we're off an running in six different directions again...

How long a judgement is "good" for depends upon the court that issued it. State (and small claims courts) depend on the state. Federal court is 10 years. Usually, a judgment can be renewed...in the case of federal, it can be renewed in the 9th year for another 10.

Judgements stay on your credit reports for 10 years...regardless of who issued it...unless you take steps to have it vacated or discharged through BK.

Most state statues...and federal statues...do indeed set a limit on interest that can be charge. Ususally, it 10% per annum, but, there are exceptions.

[AJ]

Thanks for anwering my questions.

So, I understand that if a judgement is granted, to eliminate it, bankruptcy can be filed. However, the judgement, which bankruptcy cancels payment of the debt, does not remove the judgement on a credit report, for 7-10 years.

[willingtocope]

AJ Since the underlying debt is discharged in BK, the judgement can be removed (assuming it was for a dischargeable debt) sooner. However, the CRAs will not do this automatically. You need to send them a letter (CMRRR) stating that the debt is IIB and therefore the judgement is obsolete.

[Tracedrownin]

Does a person have to be told that the entry is being placed on their report so they would have the 30 validation period allowed by law? I am in this same situation, I just pulled my report and found a judgment.

[DocDon]

I think what we're going to find is court rules are not being followed - more important, nobody cares.

Going to do some poking around to see who is responsible to make sure court employees are following procedure - there's too much of this going on across the country to be a fluke.

[Tracedrownin]

Did you find any new info.?

[jasen]

Does a person have to be told that the entry is being placed on their report so they would have the 30 validation period allowed by law? I am in this same situation, I just pulled my report and found a judgment.

The 30 day thing and validation does not apply to judgements, just collection agencies and the like.

You don't necessarily have to be told it's going on your report either, but you should have been served with a notice to appear in court long before you had a judgement against you. You need to look at your report and find out what courthouse/district the judgement is in. Then visit or call them and find out who or where they attempted to serve. Then follow this man's advice, by filing:

1) Notice of Motion and Motion to Vacate Judgement, grounds being improper service and lack of due process (4th and 14 Amendments, US Const.).

2) Notice of Motion and Motion to Reopen Case, same reasons

3) Notice of Motion and Motion fro Trial de Novo, same reasons

4) Notice of Motion and Motion to Compel Discovery.

Make sure all of your documents are notarized.

If you weren't served, you need to get it vacated. Of course, they can sue you again, but this time hopefully you'll get the notice and show up in court to defend yourself.