ALL my hard work for nothing??

[Anonymous]

So I've been paying off accounts, I signed up with Collection Shield 360 and has a few accounts deleted. Went to the county's website in regards to a traffic ticket and noticed a NEW CV (Civil) case for $1300 filed against me in 2/17!!!! Come to find out, it's an old ER bill from 2013 almost 3 months after I had filed my BK They served me at the wrong address and had I not been on the website, I would have known nothing! So a nice attorney here told me I could either hire her or call the Attorney collecting on the case and see if they would work with me. I called them and the representative on the case said I could pay in full now (not possible I only work 40 hours every two weeks!) or enter a payment plan and pay $120 a month. I told her I would need to enter the payment plan. So my papers come in the mail, and this lady thinks she's slick. She sent me an "AGREED JUDGMENT ENTRY".....**bleep**? No. I'm not agreeing to another 7 year judgment when you nincompoops served me improperly the first time and thought you were going to get a DEFAULT JUDGMENT. Now, the court date is July 21st and I'm debating on obtaining a title loan for my 2004 Ford Escape to pay the debt and have the case dismissed. I CANNOT afford 7 more years of bad credit. Any thoughts? 

[Anonymous]

Why are you agreeing to pay a bill that should have been included in the Bankruptcy?

[Anonymous]

The post says my bk was already filed. The bill was incurred 3 months later. Once your bk is filed, debts incurred after the fact cannot be included.

[RobertEG]

The plaintiff cannot unilaterally agree to have the judgment removed.

The judgment was made by the court, and can only be removed if the court vacates its own judgment.

There are usually deadlines after award of a judgment for filing a motion to vacate based on error in the judgment.

Consult the rules of civil procedure for your state relating to vacature of a civil judgment.

Note that, in most cases, vacature will not prevent the plaintiff from refiling their civil complaint.

There are procedures for requesting vacature of a judgment based on legal or procedural errors in the judgment, such as lack of proper service of notice on the defendant.

Contact the clerk of the court for assistance and forms relating to making a motion to vacate based on error in the judgment.

As for ultimate exclusion of a judgment, if paid, the judgment must be excluded no later than 7 years from the date of entry of the judgment by the court.

Your agreement or disagreement with the judgment is not relevant to its exclusion period or date.

However, you dont want to agree to the validity of the judgment if you are going to seek its vacature.

[Anonymous]

They have not received an award. No decisions on it have been made. It was just filed in Feb and then I was served incorrectly. If I pay the original creditor or attorney's office before we even go to court and have them stipulate that once paid, they will dismiss the case, that should be enough.