Effective date of the consent judgment?

[ENortham]

What is the name of your state? Maryland

"The parties to this action consent to the entry of a judgment in this action against the Defendants...in favor of the Plaintiffs..."

This judgment occurred on 12/19/05 and the defendant was to pay $200/month, or a total of $22,000 for money previously loaned to them by the plaintiff. The lawyer for the plaintiff signed the judgment on 12/19/05, however the lawyer for the defendant did not sign it until 1/4/06. It was recorded on 1/5/06. The defendants filed for bankruptcy (on 4/4/06 - 90 days after their lawyer signed the judgment) allowing them to not pay the plaintiff.

What is the effective date of the consent judgment? The day it was decided on verbally in court or the day it was recorded?

To be more specific...Maryland law states that the effective date is the date recorded in the court house...however, in child suport cases, payments must begin from the date the judgment is issued. Is there another exception to this rule pertaining to Bankruptcy?

 

[captainmorgan66]

I might be wrong, and someone PLEASE correct me if I am, but no matter when the person declares bankruptcy, that will kill your judgement. That is why a lot of people do it. Again, this is from the research that I have done, and I may be wrong, but I think you are S O L now that they filed.

 

[ENortham]

I'm just trying to find some information for the attorney I'm working for and he was under the impression anything out of the 90 day period from when they filed for bankruptcy still has to be paid...meaning that they waited exactly the 90 days necessary to get out of paying their bill.

 

[Ladynred]

Your impression is wrong. The bankruptcy makes all judgments NULL AND VOID regardless of when it was entered. I think you're confusing the period prior to filing when debts incurred may not be dischargable. That does not apply to judgments.