My question involves court procedures for the state of: New Jersey
I'm trying to get two zombie judgements removed from my credit report. In a now closed thread (http://ift.tt/217TGIJ), I previously inquired about vacating two discharged default judgements in NJ from out of state and got some great feedback. I've since been able to make the trip in person and after contacting attorneys and being quoted upwards of $2-3k, which is more than I paid to handle my bankruptcy and not by any means feasible or worth it to me, I've decided on the DIY approach. I'm wondering if anyone can outline the steps to follow in this particular case, that is, vacating an unsecured debt judgment based on its inclusion in a CH 7 bankruptcy discharged in 2011?
New Jersey provides the opportunity to vacate judgements included/discharged in your bankruptcy filing after a 1 year waiting period as per NJSA Sec. 2A:16-49.1: Application; hearing; order; cancellation and discharge; effect on lien; notice of application; set-off.
At any time after 1 year has elapsed, since a bankrupt was discharged from his debts, pursuant to the acts of Congress relating to bankruptcy, he may apply, upon proof of his discharge, to the court in which a judgment was rendered against him, or to the court of which it has become a judgment by docketing it, or filing a transcript thereof, for an order directing the judgment to be canceled and discharged of record.
Also I'm a little unclear on the following:
(1)Does this "application to the court" mean filing a motion to vacate or is there another motion specific to this circumstance? Most of the information I have found regarding filing a motion to vacate, seems to be geared towards presenting an explanation of why you didn't appear, or contesting the legitimacy of the default judgement based on improper serving etc. Nothing really covers asking to cancel the judgement based solely on presentation of your order of discharge after the waiting period.
(2) Will I need to serve notice to the debt collectors involved? After surviving BK and bouncing back, I'm admittedly not looking forward to contacting these people ever again, and I certainly don't want to provide them access to my current address or contact details if it's not necessary.
I'm trying to get two zombie judgements removed from my credit report. In a now closed thread (http://ift.tt/217TGIJ), I previously inquired about vacating two discharged default judgements in NJ from out of state and got some great feedback. I've since been able to make the trip in person and after contacting attorneys and being quoted upwards of $2-3k, which is more than I paid to handle my bankruptcy and not by any means feasible or worth it to me, I've decided on the DIY approach. I'm wondering if anyone can outline the steps to follow in this particular case, that is, vacating an unsecured debt judgment based on its inclusion in a CH 7 bankruptcy discharged in 2011?
New Jersey provides the opportunity to vacate judgements included/discharged in your bankruptcy filing after a 1 year waiting period as per NJSA Sec. 2A:16-49.1: Application; hearing; order; cancellation and discharge; effect on lien; notice of application; set-off.
Quote:
At any time after 1 year has elapsed, since a bankrupt was discharged from his debts, pursuant to the acts of Congress relating to bankruptcy, he may apply, upon proof of his discharge, to the court in which a judgment was rendered against him, or to the court of which it has become a judgment by docketing it, or filing a transcript thereof, for an order directing the judgment to be canceled and discharged of record.
(1)Does this "application to the court" mean filing a motion to vacate or is there another motion specific to this circumstance? Most of the information I have found regarding filing a motion to vacate, seems to be geared towards presenting an explanation of why you didn't appear, or contesting the legitimacy of the default judgement based on improper serving etc. Nothing really covers asking to cancel the judgement based solely on presentation of your order of discharge after the waiting period.
(2) Will I need to serve notice to the debt collectors involved? After surviving BK and bouncing back, I'm admittedly not looking forward to contacting these people ever again, and I certainly don't want to provide them access to my current address or contact details if it's not necessary.
Vacating a Judgment: Procedure for Using Bankruptcy to Cancel a Judgemnt
Aucun commentaire:
Enregistrer un commentaire