Jump to content

Judgment not removed after Bankruptcy


WinterJC2
 Share

Recommended Posts

I apologize ahead of time if this is something that has already been covered for someone else. I am finally taking all of my delinquent accounts from an ID theft years ago into my own hands. 

I don't know if my attorney messed up or if I just need to send something to this Cavalry SPV I, LLC. They filed a District Court Judgment against me... for an account that I believe was included in my bankruptcy... the Judgment was filed in January 2015 and my bankruptcy started in October 2015 and ended in Feb. 2016... Many many accounts were included as I said above my ID was stolen by someone I know. 

The original creditor was only known as HSBC... it has now been two years... and that Judgment still shows up when my name is searched in the county records. 

I work with the records all the time.. that is how I know this... 

What is my next step? The attorney I used is not responding to any communication at all... I need to get this fixed and removed to further my career. 

Please advise if anyone has any ideas or knows the next step to take... 

Thank You in Advance. 

Link to comment
Share on other sites

This is going to be more complex than you think.

First, I have to ask if you owned and real estate when the judgement was entered. If so, that will complicate things further.

Most of the time, BK lawyers do not include getting rid of judgements and you have to do it yourself. Also, if you what real estate when the judgement was entered, you cannot discharge it because of the lien on the property AND the attorney did not go through the complex process of lien avoidance at the time of the Bankruptcy.

If you did not have any real estate for a lien to attach between the judgement date and the bankruptcy date, then you will be able to get the bankruptcy discharged. This site should tell you how to do it: http://www.mncourts.gov/mncourtsgov/media/CourtForms/BKY100.pdf?ext=.pdf and this site will lead you to the forms needed http://www.mncourts.gov/GetForms.aspx?c=3

Note that you will need a certified copy of your discharge with you get from the courthouse your bankruptcy was done in (Minneapolis, Saint Paul, Duluth, or Fergus Falls). The fee for that is $11.50. Once you have that, you will need to find someone to serve the Discharge Application by mail to the attorney of record who represented Calvary. I would suggest doing this by CMRRR so that you can prove they got the application. After that the person who mailed the application needs to fill out an affidavit of mailing which is part of the forms like above. You then need to take the Certified Discharge, Application, and affidavit with you to the courthouse in the county where the judgement was entered along with a $5 filing fee. If no action by Calvary after 23 days, the judgement will then be discharged.

Link to comment
Share on other sites

Then follow the procedure I noted in the links above and you should be all set. It will cost you about $20 - $30 and take about 2 months time to get it done. I doubt Calvary will fight you at this point because even if the judgement was not discharged, they cannot collect. There is and never was anything to put a lien on and they are not legally allowed to contact you or perform any collection actions. To keep this judgement active would be them sending good money after bad.

Link to comment
Share on other sites

  • 3 years later...
On 1/11/2019 at 4:13 PM, WinterJC2 said:

I don't know if my attorney messed up or if I just need to send something to this Cavalry SPV I, LLC. They filed a District Court Judgment against me... for an account that I believe was included in my bankruptcy... the Judgment was filed in January 2015 and my bankruptcy started in October 2015 and ended in Feb. 2016... Many many accounts were included as I said above my ID was stolen by someone I know.

None of the info you provided is of any value.

It would appear you filed a Chapter 7. Only debts existing on the day you filed the petition (see your Date of Filing aka DOF) can be discharged (excluding child support obligations and certain other specific non-dischargable debts). Example: you file a Chapter 7 petition on May 1 and on May 2 you incur a $3,000 debt. Sorry, it cannot be included.

Credit reporting is 100% voluntary. There is not now, nor has there ever been, nor could there ever be, a federal or State law that compels any party to report credit info to any credit reporting agency. If you relied solely on your credit report(s) to create the creditor matrix, then you made a big mistake.

It is possible to move the court to include debts inadvertently omitted, but I believe in your case that time period elapsed long ago.

You will have to identify the original creditor and since paper is swapped frequently, trace from the original creditor to Cavalry.

It is not unusual for creditors and junk debt buyers to sell discharged debt to other junk debt buyers.

If the debt was discharged under the name of the original creditor or other debt collector in the creditor matrix, then Cavalry violated the FDCPA.

Yeah, that's right. It's called "due diligence." Cavalry should have done their due diligence and checked to see if you had filed bankruptcy before initiating the law suit against you.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share

×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.. For more information, please see our Privacy Policy and Terms of Use.