[atlanta0804]

I am a resident of Pennsylvania, and we maintain a home there. With that out of the way, here is my question/dilema I hope you can help me with. Unfortunately, I have limited knowledge of my situation. Okay..

I was discharged/quit an employer in January 2003. Around October/November of that same year I received a phone call from the State (PA) Police that requested I come to the barracks because they wanted to talk to me about information I may be able to help them with. I asked what it was about and they declined to tell me over the phone. So I made an appointment for the next day to stop in. I was in a room with a detective who stated that I was being questioned for charges my previous employer had made against me and two other employees (1 which was also fired about 60 days before me) and the other quit before that. The detective stated that there was a discrepancy of several thousand dollars in the accounting data that I was responsible for reporting to a CPA they employed. I was stunned! Prior to this meeting in 2004, I knew nothing about this. However, I did have an attorney seeking compensation for me from them for salaries they refused to pay. Long story short, the detective asked me to take a lie detector test and that the other two previous employees had done so and passed. I told I would do that but I wanted to talk to my attorney first because of the suit I had filed. When I asked him if the employer had told them this, and he said no.
The detective continued to ask questions and I answered. After about 30 minutes, he thanked me for coming, stated he believed what I had relayed because it was exactly what the other employees questioned had said. I had no communication with either of these two, after I quit and still to this day haven't. I heard no more about it. In September that year we file Chapter 13. In October 2004, the company transferred us to another state. We have not resided in PA since that time. Last month we applied for refinancing of our home. A title search showed a civil judgement - fraud, mis/appriation of funds - had been filed by the insurance company - represented by a collection agency - of my former employer in December 2004. Our bankruptcy attorney had told us they are in contempt according to Bankruptcy Code 362. So that part of this nightmare is being handled. Here's my quandry to you: a) I never at anytime was contacted by mail, phone or a neighbor regarding this judgement. What, if anything, does the law provide for not having been notified? b) Do I need to find an attorney and file a counter suit?

[gigirle]

I never at anytime was contacted by mail, phone or a neighbor regarding this judgement. What, if anything, does the law provide for not having been notified?

Your bankruptcy attorney should be taking care of this for you as it is a violation of 362 and most likely the easiest way.
You can hire a seperate attorney and try to petition a motion to vacate judgement based on not being notified.

[atlanta0804]

Thank you for your response. My attorney has sent them a letter asking for a praecipe withdrawing the complaint (dealing with the bankruptcy issue). Of course my concern is after we are out of bankruptcy. Can they then refile? The date they set as the "occurence" is Jan 13, 2003. In addition to not being notified until last week, is there a time (staue of limitations on the judgement?

[gigirle]

Thank you for your response. My attorney has sent them a letter asking for a praecipe withdrawing the complaint (dealing with the bankruptcy issue). Of course my concern is after we are out of bankruptcy. Can they then refile? The date they set as the "occurence" is Jan 13, 2003. In addition to not being notified until last week, is there a time (staue of limitations on the judgement?

My answer is to say no they can't if your protected under the bankruptcy but you should confirm with your attorney or maybe one of the other members here can provide some advise.

[atlanta0804]

Thank you... Speaking in general terms, is it productive to file a counter suit?