[wendyCA]

I have judgment for 1400 on credit report. This amount was discharged in BK13 but my atty failed to make a motion to have it dismissed when at my hearing and hence, it remains on on my credit report.

To get it satisfied, I apparently need to pay 1400 plus atty fees and interest from 2000. One person who considers himself an expert said that after seven years, this will fall off my credit report but I feel that now that my life has resumed normalcy (had divorce and medical emergency in one year span in 1999), I want to just pay the sum off.

Does anyone think that I should ignore it as the person suggested I do or should I pay this. My original BK atty wanted to take them to court but his atty fees would have amounted to what I owe for the judgment and it was noted by the woman I spoke with that my atty's failure to "make a motion to dismiss it," allowed the dismissal of the amount in BK 13 (it shows as satisfied on my BK papers, to remain valid. The dept store is who I owe, and they hired an credit agency's atty to get this amount satisfied.

This has been a thorn in my side...

[mr.yet]

Check with the court house, request a copy, if it is pay, sent the copy to the credit bureau and have them update their records.

[valinors_sorrow]

You might want to run this by a local credit counselor or that attorney? Having something show up on a credit report is not always as serious a matter as it first may seem.

We had a remarkably bad experience with a hospital and are not paying the bill (they are fortunate there wasn't a lawsuit; we are not the suing kind). While it is asked about whenever a credit check is done, I just provide a copy of the letter we sent to the hospital explaining why we are not paying and that takes care of any concern.

It may be that simple in this situation too. I am also of the understanding that standard credit reports only go back seven years, so you wouldn't have long to wait, it seems.

[Fr_Chuck]

A chapter 13 bankruptcy pay debts off at a percent of what is due. During the life of paying off the chapter 13 was this debtor paid ? The court would have been paying all the debtors who filed a notice with the court.
After the chapter 13 is discharged then you do not owe any of the debtors who were discharged and it is illegal for them to try to collect.

If you merely send a copy of the bankrupcty ( final discharge) to the credit reporting agency, they will do one of two things, either remove it, or show it as discharged in bankruptcy. They cannot make them remove it from the credit reporting agency but it has to be shown for what it is.

And All bankruptcy information will show up for 10 years ( although people where you are borrowing money will somehow know about thems 15 years from now.

Next never pay a discharged debt without discussing it with your attorney, since if you pay a discharged debt, you may actually open up the possibility that you are showing a preference to a certain class of debtor and allowing the other debtors a chance to try and take you back to bankruptcy court.

If this debt is listd on your bankruptcy as discharged, merely send the collection agency and their attorney a copy of the discharge with a letter to contract your attorney for any other issues.

[wendyCA]

This judgment is also a lien on my home. The CH13 dismissed all debt but allowed me to pay back mtg (I was penniless literally, went to food bank twice) in a stairstep fashion.

I homesteaded but my atty was three days late in getting it done as the lien had already been placed on the house.

I am sorry I did not mention that with the original post. :confused:

The whole situation, financially desperate and physically ill at the same time, was more than I could handle without a support system (family). Many mistakes were made due to this in itself.

I can't stress enough that it is important to have a safety net in the way of people one can trust in the event one becomes unable to take care of day-to-day business.

[Fr_Chuck]

Ok they have a lien on the house, normally unless this was for house payments or remoding costs or a vendor who did service on the home.
They can't do anything with the lien until you sell the house.

They have did about all they can do ( double check this with your attorney( but here even with a lien, a debtor except for the mortgage holders can't foreclose, they have to wait till the house is actually sold anyway.

And beyond going and trying to get a attachment of your bank accounts and also garnishing of your pay ( normally the first things they do) that is about all they can do at this point.

In most states department stores can't get a lien on your home for department store charges. But since they have I guess it is legal in your state.

Since the have a lien on the home this will be considered an on going debt and I doubt that it will drop off until it is settled,

So I would get professional legal advice locally, but working out an acceptable payment plan may not be a bad idea. If they are really trying, they could possiblly get a garnishment if you are working

[wendyCA]

Thank you for your answer. I agree with what you have said. Again, thanks. I'll pay this off ASAP. What I don't want is the amount to grow due to a long lapse in time.

Thanks again! Appreciate your time and the sharing of your knowledge.