Judgmnet on debt that was discharged.

[andre44]

Michigan. My bankruptcy was discharged on 03/2004. A default judgment was placed on a debt on 07/2004 that was dismissed in the discharged bankruptcy. An automatic stay was filed on the judgment the very next day. I did not receive any other notification from the court or the plaintiff on this matter and to be honest, I forgot about it. At this time, I am trying to repair my credit rating and I noticed on my credit report that the judgment was still being reported. I filed a motion with the local small claims court to have the judgment dismissed. On the day of the hearing, the judge informed me that the court had no jurisdiction over the case and I would have to appeal to the bankruptcy court. In looking over all of the local rules for filing a motion for dismissal I am seeing that the time period for such a motion has long ago expired. Do I have any recourse? I believe that the judgment was in error as the debt had already been discharged prior to the judgment being ordered. Would it be a waste of time and money to try and have this error rectified due to the fact that so much time has elapsed between the judgment and now? Is there any way I can remove this judgment from my credit report?

 

[nrknlknek]

Probably not. The legal impediment can probably be overcome with a lot of money, but you would have to find a very experienced lawyer who would almost certainly command a large fee for doing this. Suggest you work directly with the creditor holding the judgement. They might accept some money in echange for releasing their judgment.

 

[Gregeney]

Dispute the debt with the credit reporting agencies. Have a copy of your discharge and a list of creditors in your bankruptcy handy.

 

[Ladynred]

They might accept some money in echange for releasing their judgment.

NO WAY ! The judgment is null and void on it's face !! They got a judgment on a DISCHARGED DEBT ! That is a violation of the permanent injunction of her discharge.

I think the civil court judge was wrong, the judgment is in his jurisdiction, it was entered in his court and he can move to vacate that judgment based on the fact that it was illegal to begin with.

You can re-open your case, file a motion for contempt and request for sanctions against the judgment creditor. That might get them to do something about removing it.

 

[andre44]

Thanks for the info

I am still trying to decide what to do. I agree and do believe that the judgment was bogus but I am also afraid that because I did not try to rectify the error as soon as it occurred that I am stuck with this mistake. I believe that any action that I take with the court ( suggested in these posts) that the court could always fall back on the fact that my time period for disputing the judgment has long passed. If anyone thinks I stand a chance, and I wouldn't have to spend a fortune to fix it, let me know.

 

[Ladynred]

but I am also afraid that because I did not try to rectify the error as soon as it occurred that I am stuck with this mistake

.
NO, you are NOT stuck with it ! Which ever way you choose to attack it , the judgment was ILLEGAL from day 1, and you can get it removed.

I believe that any action that I take with the court ( suggested in these posts) that the court could always fall back on the fact that my time period for disputing the judgment has long passed.

NOT when it comes to an illegal judgment on a DISCHARGED DEBT.

You DO stand a chance ! Don't wimp out and roll over for something that never should have gone thru in the first place ! Even if you filed the motion to reopen and contempt charges in bankruptcy court, you could probably do that yourself for the filing fees. If you choose to get a bankruptcy lawyer involved, which is better, then the LOSING party pays ALL the court costs and your legal fees, AND you might win some damages in the process because that judgment is doing damage to your credit - actual damages that can be proven.

 

[andre44]

OK, I hear you.. I am going to get a bankruptcy lawyer involved because of my ignorance of procedure and protocol. Thanks for the information and the kick in the butt.