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-   -   Civil judgement no listed in bankruptcy (https://www.askmehelpdesk.com/showthread.php?t=150951)

  • Nov 11, 2007, 05:16 PM
    lnamie
    Civil judgement no listed in bankruptcy
    Please help. I filed bankruptcy in 4/2004. I recently applied for a mortgage and after pulling my credit report, I discovered there is a civil judgement filed against me in 8/2001that I was not aware of. How can this be? I was never notified either by mail or phone.
    Since I filed bankruptcy unaware of this, can I get an amendment to the bankruptcy or something? My mortgage lender says that I either have to pay it or get something from the court saying that it is satisfied. I'm supposed to be closing in about 35 days, and my lender just informed me of this on 11/09.

    Thank you in advance,

    Linda
  • Nov 11, 2007, 06:04 PM
    CindyLynn
    Even though you didn't specifically list it in the BK, the debt is longer owed. That's the way it works. However there is one more step you must take on a judgement. You must go to the courthouse where the judgement is filed... with your BK discharge paperwork in hand... all you need is the discharge paper. I wouldn't even mention to the clerk whether it was listed or not listed, it really doesn't matter... and tell the clerk you need to file an order to vacate the judgement based on the fact it was discharged in your BK in 2004. This should take care of it. The clerk should be able to provide you with the paperwork you need to fill out and file. There will be a fee... maybe 25-75... so bring cash... I am not sure how long it takes to process, but it should be a slam dunk. Hope this helps.

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