Ask Me Help Desk - Judgement filed in error

A judgement was filed on me by the Mobile Home Park I live at for unpaid rent in November 2007. Rent is due by the 5th of the month, but I didn't pay until the 12th, but it wasn't credited to my account until the 19th. Around the 22nd, I was served with a court date for the 28th for unpaid rent. I immediately went to the office and showed my money order receipts. (Thankfully, I still have them). I was told by the office manager my name wasn't taken off the "late" list submitted to the court, and It will be taken care of, no problem. Well, It wasn't taken care of. I didn't find out that a judgement was against me until I had my credit report pulled in 2009. Over time I have made requests to the office managers to help with this situation. I still live at the Mobile Home Park, but it has changed hands three times. There have been countless office managers that I have explained the situation to and have tried to help, but they never lasted long at the job. The owners at the time of the judgement filed for bankruptcy in 2008 and new owners took over. They lasted until the end of 2009 then sold again. The current owners/office manager says there is nothing they can do to help. I would have to try and get in touch with the company listed on the court papers and have them send a statement to the court to get the judgement dismissed. Since the company went bankrupt and had to sell, I don't know how to get in touch with anyone. How can I get this judgement straightened out?

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Originally Posted by campdeon

... How can I get this judgement straightened out?

Needless to say, you should have answered the complaint and not let a default judgment be entered against you.

Was the judgment creditor a corporation or an individual, doing business as something? The judgment would probably belong to that company (which filed bankruptcy), and would probably have been "abandoned" by the bankruptcy trustee, assuming they filed under Chapter 7. If this is the case, the judgment still belongs to the debtor.

You can contact the clerk of the bankruptcy court and get them to pull the file and get the address of the bankruptcy debtor (as of the date of bankruptcy filing). This information is also available online at the federal court website, PACER.

Anything to do with a bankruptcy matter online is not free, but you must pay for. If you know the bankruptcy case number try going to the courthouse where it was filed and ask the clerk for this information.

To be honest, it is not the mobile home company but the court that did the judgement that you have to deal with.

Since you were served notice ( I assume you were) of the court hearing, you can not challenge the court for improper service. And to be honest just not owing the money is not a defense to ask for a new hearing. But you will have to try and get a new court hearing and provide the proof of payment off the debt.

The error was not going when you were suppose to,