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Regular Contributor
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Re: Removing a judgement that should have never been filed - HELP!

Nothing so far.  I plan to do that, and am hitting it from all three levels - original creditor, courts, and EQ/EX/TU.  Hopefully between the three I can get it off there.
From BK to 700 FICOs in 4.5 yrs.
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Re: Removing a judgement that should have never been filed - HELP!

TU responded, but they're worthless.
 
I got a "verified - no change" on the judgement.
 
I bet it was pretty much just a "point, click, verified" and they didn't see the words "good will" and "see attached - judgement never should have been filed."
 
A-holes.
From BK to 700 FICOs in 4.5 yrs.
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Re: Removing a judgement that should have never been filed - HELP!



bl00dymary wrote:
Joe, I recently had to deal with a similar issue myself. You should not need to file a vacate, because any judgements become null & void once you filed you BK.  Write a letter (or call) the offending creditor and include (or offer to fax) a copy of your BK discharge papers to prove the dates if needed.  Explain to them that they are in violation of the court ordered stay and face extreme sanctions if you are forced to go to court to have this removed.  Or you can just call the lawyer you used to file the BK, they should be happy to handle it for you and probably won't charge you a thing (save maybe a cut of the sanctions awarded).  You can also send copies of your BK discharge to the CRAs themselves and have them remove the information.


Message Edited by bl00dymary on 08-04-2007 05:11 AM


The worst part?  They filed the judgement after I filed the BK.
From BK to 700 FICOs in 4.5 yrs.
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Re: Removing a judgement that should have never been filed - HELP!

Joe,
 
Did you send that paperwork that Bloodymary and I suggested to you?  If you can prove that it was included in your BK and discharged you should be able to have it removed.
 
Eve
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Re: Removing a judgement that should have never been filed - HELP!



myhearts07 wrote:
Joe,
 
Did you send that paperwork that Bloodymary and I suggested to you?  If you can prove that it was included in your BK and discharged you should be able to have it removed.
 
Eve


No, that's step 2.  I had sent the GW letter first.
 
But it should be common sense. 
From BK to 700 FICOs in 4.5 yrs.
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Re: Removing a judgement that should have never been filed - HELP!

Who did you send GW too? You are going to have to wait at least 30 days to get a response if you get one from whomever you sent the goodwill too.  I think that in your situation, you shouldn't have to send a gw because you have proof that it was discharged in bk and that it was put there after your bk was discharged.  Fax it in anyway and you may get a quicker response than waiting for whom you sent the gw to respond.
 
Eve
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Re: Removing a judgement that should have never been filed - HELP!

What I post below may not enter into the picture in Joe's case, because his judgment was not filed in county records (thereby becoming an 'abstract of judgment' or lien) before his BK case was filed.

It's my understanding that filing BK does not invalidate an existing judgment UNLESS your BK includes a separate 'Motion to Avoid a Lien'. Can anybody confirm this?
Ch. 7 BK filed Oct. 2005 (old law)

EQ=698, TU=715, EX=who cares?
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Re: Removing a judgement that should have never been filed - HELP!

The worst part?  They filed the judgement after I filed the BK.
 
This is what Joe said that they filed after being discharged through the BK> This is illegal and he can get it removed.
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Re: Removing a judgement that should have never been filed - HELP!



myhearts07 wrote:
The worst part?  They filed the judgement after I filed the BK.
 
This is what Joe said that they filed after being discharged through the BK> This is illegal and he can get it removed.



It wasn't after the discharge - but it was after I filed, during the "mandatory stay" period.
From BK to 700 FICOs in 4.5 yrs.
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Re: Removing a judgement that should have never been filed - HELP!

So was mine.  Same month and year.  They said they filed it before my lawyer went to the court, they had the automatic stay notification whethere he had filed or not.  They knew that they couldn't do that.  Threatened to take them to court over it, their attny called and said that their was nothing they could do about it and then I read another post and copied what she did and bam it was gone.
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