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  #1  
Old 01-05-2006, 08:39 PM
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Judgement After filing

What is the name of your state?What is the name of your state? Oregon

I filed for Chapter 7 Pro Se on December 28, 2005. A court action was in process to gain a judgement against me. I notified the Plaintiff's attorney by phone of my filing but today I received a court notice that a judgement had been awarded against me on January 3, 2006.

What action must I take to halt or rescind the judgement? Have I been forced into a situation that will require legal help to remedy?

Thanks.
  #2  
Old 01-05-2006, 09:41 PM
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notified the Plaintiff's attorney by phone of my filing but today I received a court notice that a judgement had been awarded against me on January 3, 2006.

Did you include the lawyer and his client in the bk filing?
  #3  
Old 01-05-2006, 11:50 PM
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Quote:
Originally Posted by bigun
notified the Plaintiff's attorney by phone of my filing but today I received a court notice that a judgement had been awarded against me on January 3, 2006.

Did you include the lawyer and his client in the bk filing?
I included the client and notified the lawyer by phone and gave them the case number beofre the judgement went through.
  #4  
Old 01-05-2006, 11:52 PM
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Quote:
Originally Posted by bigun
notified the Plaintiff's attorney by phone of my filing but today I received a court notice that a judgement had been awarded against me on January 3, 2006.

Did you include the lawyer and his client in the bk filing?
The lawyer was not included in my matrix.
  #5  
Old 01-06-2006, 06:39 AM
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You need to get proactive. Amend your filing to include the lawyer. Also, quit talking on the phone.Send a letter to the lawyer CRRR and tell him you've fileld and include the date and the filing number and ask him to honor the automatic stay and cease all attempts at collection and will he please vacate the judgment.
Check your rules of civil procedure and see if you can appeal the court case since it should have been stayed by the bk filing.
For sure, run this by an attorney.
  #6  
Old 01-06-2006, 09:45 AM
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Quote:
Originally Posted by bigun
You need to get proactive. Amend your filing to include the lawyer. Also, quit talking on the phone.Send a letter to the lawyer CRRR and tell him you've fileld and include the date and the filing number and ask him to honor the automatic stay and cease all attempts at collection and will he please vacate the judgment.
Check your rules of civil procedure and see if you can appeal the court case since it should have been stayed by the bk filing.
For sure, run this by an attorney.
Thank you. I sent a notice to the attorney yesterday CRRR. I will see what happens and run this by an attorney if needed. It is my hope that they will vacate it since I filed before the judgment. Regardless, they cannot garnish wages while the stay is in effect, correct?
  #7  
Old 01-06-2006, 09:55 AM
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No, they can't begin any garnishment as long as the stay is in affect.
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