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Motion to Vacate Judgement Help in Wisconsin


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Hi, from what I understand from the LadynRed is that because I filed for Bankruptcy I can file a Motion to Vacate any judgements that were included in the Bankruptcy. If this is incorrect, please someone correct me. I'm not sure exactly what form I need but I have 2 default judgements that were included in my Bankruptcy that I would like to get expunged. If there is anyone that can help me with the name of the form or how to actually go about doing this would be great. Thanks.

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Ok here is a little more information. Now these took place in Wisconsin for state law considerations.

1st Judgement was filed on 11/24/2003

Docketed 6/7/2004

2nd Judgement was filed on 7/23/2004

Bankruptcy discharged 1/28/2006 (The judgements were both included)

The creditor of the first judgement then did a hit to my credit report on 2/16/2007 without my permission. They verified address information and using it to have court records updated. These updates are showing up when I do a search of the court records. Updates on addresses for Garnishee information is showing current as of 8/24/2006. But actually living address is still the same and incorrect.

First, can I still even file a Motion to Vacate since it is years passed. Second, is it legal for them to request my credit report when the debt has already been dismissed and they DID receive a letter of intent to file, checked with my attorney. Third, since the court record was update is there some clock reset for being able to have the case reopened for the 1 yr req.

Whew! yes it's a lot of info, hopefully someone can help.

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I'm am under the impression that if you have judgments that are "included in your bankruptcy", they will appear this way on your credit report. These did not dissappear until the bankruptcy was over. Others may have a different experience but this is what I am aware of. ;)

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If any of these debts were included on your bankruptcy forms and your bankruptcy is discharged, then the judgments should automatically be vacated as a matter of law.

If a collection agency is filing a complaint on a debt included in a discharged bankruptcy, they've already violated the FDCPA and you should not only move to dismiss, but also counterclaim for the FDCPA violation and seek sanctions for prosecuting a frivolous claim.

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then the judgments should automatically be vacated as a matter of law.

No, they are not. The judgment is still on record with the court that rendered it. Even though null and void, it will still show up as an unpaid judgment. Filing a motion to vacate based on your bankruptcy shouldn't be all that difficult, but I seriously doubt there is any form for it. You have to draft the motion in proper legal format and file it with the courts.

There can be NO permissable purpose for anyone to pull your reports for a discharged debt.

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What lady said!

After my BK, I looked at the motions filed in the judgments against me. I used the same general format and where they titled their motion, I entered "Motion to Vacate".

In the motion, I stated that I filed BK. According to:

"TITLE 11 > CHAPTER 5 > SUBCHAPTER II > § 524. Effect of discharge

(a) A discharge in a case under this title—

(1) voids any judgment at any time obtained, to the extent that such judgment is a determination of the personal liability of the debtor with respect to any debt discharged under section 727, 944, 1141, 1228, or 1328 of this title, whether or not discharge of such debt is waived"

Then according to Webster's Dictionary:

v. void·ed, void·ing, voids

v. tr.

  1. To take out (the contents of something); empty.
  2. To excrete (body wastes).
  3. To leave; vacate.
  4. To make void or of no validity; invalidate: issued a new passport and voided the old one.

I mailed it to the court and a copy to the lawyer that obtained the judgment.

This is where it got fun! :mrgreen: The lawyer called me and told me that I couldn't do that! He told me that he talked to the trustee and the trustee assured him that he had never seen such a thing.....

Too bad for him that the judge agreed with ME!!! 8-)

A month later I get an envelope from the court. Inside is a copy of my motion with "granted written across it and the judges siggy and date!"

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MOMOF5, did you file immediately after Bankruptcy? Mine is almost 2 yrs now and I'm being told that I can't do it. From how I'm reading Wisconsin law, I can't file anymore, it had to be within so much time after the judgement.

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