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?
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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 11 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.
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