If I filed Chapter 7 about 5 years ago and received a discharge the same year, however 2 judgements are still showing up, what do I need to do to resolve this?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I filed Chapter 7 about 5 years ago and received a discharge the same year, however 2 judgements are still showing up, what do I need to do to resolve this?

I am now applying for a house loan and have been approved for everything except there are 2 civil judgments coming up from 2 of the companies involved in the bankruptcy. I know the debts and judgments were discharged the judgments never went through I never got my wages garnished or anything. Should I call the companies and request release of judgment papers be sent out or go to the courthouse in the county where they were filed?

Asked on December 17, 2012 under Bankruptcy Law, Montana

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to first find out what actually happened.  Start by going to the courthouse in the county where the judgments are filed.  It will cost you a bit, but get copies of the judgments, the pleadings, and any purported notices to you. It sounds a bit like they went ahead and secured default judgments against you, despite the bankruptcy.  Once you have the documents, you'll be able to make a better decision about the next step.

If there are no judgments, or there are release of judgments, you would need to dispute the reporting of the inaccurate information on your credit report.  With the certified records, you would be able to prove to any credit reporting agency and your finance company that there is not a judgment against you.

If there are default judgments, you need to see how and when they were entered.  If they were entered in violation of the bankruptcy collection stay, you may have a claim against the creditors for the violation.  If you were not properly notified of the suit or the hearing that resulted in the judgment, (but it was not in violation of the bankruptcy stay), then you would need to file a motion to set aside the default judgment.  If they sought and obtained a judgment even after it was discharged in bankruptcy, you may have additional collection violation suits against them.

The bottom line, is that until you get a copy of what actually happened, you won't have a clear roadmap of your remedies.  If you can afford to work with your original bankruptcy attorney, you may want to let them review the records that you get from the courthouse as well.  Depending on the when and how these judgments were obtained, you may have additional remedies.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption