figures2000 Posted March 7, 2011 Report Share Posted March 7, 2011 I had forgotten about my case till this Morning the JDB called my house for the first time in 2 months and I thought about how long its been since my trial and its now been 5 months next week, I am not going to call the clerks office because if I lost I don't have money to file bankruptcy at this time. I do have a question though if I did indeed lose my case wouldn't they have taking me back to court by now instead of calling me????? Link to comment Share on other sites More sharing options...
BV80 Posted March 7, 2011 Report Share Posted March 7, 2011 If the judge made a ruling, you should be getting a signed motion or order in the mail. If your court posts cases on online, you should be able to find out there also. Link to comment Share on other sites More sharing options...
figures2000 Posted March 7, 2011 Author Report Share Posted March 7, 2011 I have gotten nothing in the mail from the court since the trial, I do not see anything online where I can check my case status. They started calling me 3 weeks after trial and I called the court clerk and there was no ruling then, so just because they are calling does not mean they have won... Link to comment Share on other sites More sharing options...
LearningasIgo Posted March 7, 2011 Report Share Posted March 7, 2011 , I am not going to call the clerks office because if I lost I don't have money to file bankruptcy at this time.The BK fee can be paid in installments. Plus, in some cases, waived.---------------------------------------JCUS Interim Procedures Regarding the Chapter 7 Fee Waiver Provisions Chapter 7 Fee Waiver Application Rule 1006, Federal Rules of Bankruptcy Procedure Poverty Guidelines Link to comment Share on other sites More sharing options...
BV80 Posted March 7, 2011 Report Share Posted March 7, 2011 No, it doesn't mean they've won. They could be calling to try to settle or just to bug you. Link to comment Share on other sites More sharing options...
figures2000 Posted March 7, 2011 Author Report Share Posted March 7, 2011 (edited) its not the lawyer calling me. its there stooges at the desk.. they only call like once a month... LearningasIgo I checked into BK Lawyers and its $1,200 to $1,500 and they dont do installments, in fact I dont have a job. my savings is now gone, and my truck is broken down in the driveway Edited March 7, 2011 by figures2000 Link to comment Share on other sites More sharing options...
admin Posted March 7, 2011 Report Share Posted March 7, 2011 They haven't ruled yet, in my opinion, based on what you've posted. You could possibly file something to dismiss the case due to inactivity. You would need to look up your rules of civil procedure to do this, though, so you do it properly. Link to comment Share on other sites More sharing options...
KentWA Posted March 7, 2011 Report Share Posted March 7, 2011 I would call the clerk. Knowing the disposition of your case has nothing to do with whether you can afford BK. If you lost it is better to know and start looking into what you can do right now, rather than blindly wait for the Sherriff to knock on your door. Link to comment Share on other sites More sharing options...
LearningasIgo Posted March 7, 2011 Report Share Posted March 7, 2011 its not the lawyer calling me. its there stooges at the desk.. they only call like once a month... LearningasIgo I checked into BK Lawyers and its $1,200 to $1,500 and they dont do installments, in fact I dont have a job. my savings is now gone, and my truck is broken down in the drivewayI was thinking your case would be basically straightforward. If so, Pro Se is an option. In fact, I know three others who filed Pro Se, including myself, and no one do I know, yet, who retained an attorney. If the case is the usual "no assets" kind, mainly medical, credit cards, the usual suspects, then Pro Se is a definite option, and those fee waivers may be doable. BK's have an extremely high rate of discharge...varying figures, but I've seen as high as 99%.Just a thought. Link to comment Share on other sites More sharing options...
nrgins Posted March 7, 2011 Report Share Posted March 7, 2011 I would call the clerk and find out. Calling the clerk doesn't obligate you in any way more than the ruling itself would. Plus, if the judge has ruled against you, they're not going to take you back to court. They would just go directly to garnishing your wages and/or bank account. So it's better for you to know what's going on, so you can plan your next step.Also, when you call the clerk, you can find out how long until the case gets set for dismissal due to inactivity. Link to comment Share on other sites More sharing options...
workingpoor Posted March 7, 2011 Report Share Posted March 7, 2011 its not the lawyer calling me. its there stooges at the desk.. Ask them if your case has been decided. Play dumb. Obviously they will say yes to try and get some money out of you. Ask them to send you proof, or a copy of the judgment. DO NOT admit or agree to ANYTHING. Let them send you something saying it's been decided in their favor. Then wait, and once you find out it's been decided in your favor, sue them for fraud. Link to comment Share on other sites More sharing options...
figures2000 Posted March 7, 2011 Author Report Share Posted March 7, 2011 what is dismissal due to inactivity???? Link to comment Share on other sites More sharing options...
nrgins Posted March 7, 2011 Report Share Posted March 7, 2011 what is dismissal due to inactivity????Courts clear their dockets periodically. If a case is sitting there and nothing is being done with it, they'll send a letter our to both parties saying that the case is set for dismissal due to inactivity unless one of the parties takes some action (files a motion, requests a trial, requests a continuance, etc.). Then, if there's still no activity, the court will dismiss the case without prejudice.You can also file your own motion for dismissal due to lack of prosecution. But since the judge hasn't ruled yet, they'll just come back and say that they're waiting for the ruling.So best bet is to call the clerk and find out what's going on. Has the judge ruled? Is the case scheduled to be up for dismissal due to inactivity anytime soon?Those answers will help you gauge what's going on and plan your next move. Link to comment Share on other sites More sharing options...
admin Posted March 7, 2011 Report Share Posted March 7, 2011 Courts clear their dockets periodically. If a case is sitting there and nothing is being done with it, they'll send a letter our to both parties saying that the case is set for dismissal due to inactivity unless one of the parties takes some action (files a motion, requests a trial, requests a continuance, etc.). Then, if there's still no activity, the court will dismiss the case without prejudice.You can also file your own motion for dismissal due to lack of prosecution. But since the judge hasn't ruled yet, they'll just come back and say that they're waiting for the ruling.So best bet is to call the clerk and find out what's going on. Has the judge ruled? Is the case scheduled to be up for dismissal due to inactivity anytime soon?Those answers will help you gauge what's going on and plan your next move.Best advice yet. Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted March 7, 2011 Report Share Posted March 7, 2011 While there is an outstanding ruling for a judge, there will be no dismissal for inactivity. The plaintiff has done everything they were supposed to have done up until this point and they are waiting just as long as you are. Link to comment Share on other sites More sharing options...
nrgins Posted March 7, 2011 Report Share Posted March 7, 2011 Yes, but if the judge did give a ruling and he just didn't get it or see it, then there may be a dismissal pending. That's why he needs to find out what's going on, to see what his options are. Link to comment Share on other sites More sharing options...
WhoCares1000 Posted March 8, 2011 Report Share Posted March 8, 2011 You need to contact the clerk and find out what is going on, regardless of whether you intend to file BK or not. This has been going on for way too long, even in a court where cases are backed up.I think the issue here though is that the case will not be dismissed due to inactivity because there has already been a trial. The only thing left is for the judge to make a decision. Link to comment Share on other sites More sharing options...
workingpoor Posted March 8, 2011 Report Share Posted March 8, 2011 I am not going to call the clerks office because if I lost I don't have money to file bankruptcy at this time.This makes no sense at all. If you lost, you lost, no matter if the clerk tells you or if you continue to wait by the mailbox. Everyone on this forum is telling you to call the clerk. Maybe it's time you heeded the good advice in this thread. You can ask why 100 times, and no one here will be able to give you the answer you're really looking for. Link to comment Share on other sites More sharing options...
figures2000 Posted April 9, 2011 Author Report Share Posted April 9, 2011 I pulled my credit report today... there is no judgements on it.. not only that the credit card is no longer showing on my report as well Link to comment Share on other sites More sharing options...
nrgins Posted April 9, 2011 Report Share Posted April 9, 2011 I pulled my credit report today... there is no judgements on it.. not only that the credit card is no longer showing on my report as wellWell, that's a good sign. But not having a judgment on your credit report doesn't mean there's no judgment. Some courts don't file with your credit report, or they may take a long time to do it.Seriously, you need to just call the clerk and find out what's going on. I don't know why you're not wanting to do that. The clerk is just going to tell you what's going on. That's the only way to know if there was a ruling. Link to comment Share on other sites More sharing options...
figures2000 Posted April 9, 2011 Author Report Share Posted April 9, 2011 i'll call this coming week thanks Link to comment Share on other sites More sharing options...
Guest usctrojanalum Posted April 10, 2011 Report Share Posted April 10, 2011 Well, that's a good sign. But not having a judgment on your credit report doesn't mean there's no judgment. Some courts don't file with your credit report, or they may take a long time to do it.Just to clarify and a little FYI Courts have no relationship with the CRA's at all. Judgments are public records and that's how the CRA's pick them up. Back in the days before the internet they literally just hired people to go into the Court rooms and take down the information by hand. Now with database sites like Lexis Nexis they can buy the information in bulk. Link to comment Share on other sites More sharing options...
figures2000 Posted April 10, 2011 Author Report Share Posted April 10, 2011 Just to clarify and a little FYI Courts have no relationship with the CRA's at all. Judgments are public records and that's how the CRA's pick them up. Back in the days before the internet they literally just hired people to go into the Court rooms and take down the information by hand. Now with database sites like Lexis Nexis they can buy the information in bulk.so does that mean if there was a Judgement in there fav it should show on my Credit report already???? Link to comment Share on other sites More sharing options...
nrgins Posted April 10, 2011 Report Share Posted April 10, 2011 Just to clarify and a little FYI Courts have no relationship with the CRA's at all. Judgments are public records and that's how the CRA's pick them up. Back in the days before the internet they literally just hired people to go into the Court rooms and take down the information by hand. Now with database sites like Lexis Nexis they can buy the information in bulk.Thanks for the clarification. Good to know. Link to comment Share on other sites More sharing options...
voidjudgment Posted April 10, 2011 Report Share Posted April 10, 2011 Just to clarify and a little FYI Courts have no relationship with the CRA's at all. Judgments are public records and that's how the CRA's pick them up. Back in the days before the internet they literally just hired people to go into the Court rooms and take down the information by hand. Now with database sites like Lexis Nexis they can buy the information in bulk.What would keep a judgment from being reported on a credit report? Are they always reported? Thanks. Link to comment Share on other sites More sharing options...
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