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  1. #1
    Join Date
    Apr 2009
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    5

    Post Can Filing Bankruptcy Stop a Creditor's Judgement

    My question involves bankruptcy in the state of: Florida.

    I have a judgement that was dismissed in 2002 but this new attorney paid to reopen it (judgements by statute are good to collect on in FL for 20 years). I'm in the process of waiting for my hearing since I filed a "Claim of Exemption" as head of household only receiving child support and unemployment. That is "my" source of income but my bank account is joint with my husband and we do receive his direct deposit in it and our 1008 tax return was in it.

    I am seriously contemplating filing Chapt. 7 or 13 but wonder if I can include this judgement since it is in the middle of going to court for this claim of exemption. By the way, I filed the COE because they gave my bank a Writ of Garnishment and the bank is holding 2 x's the amount of the judgement in a side account until further notice.

    Can filing bankruptcy mid-hearing into this judgement to stop the garnishment? I basically want to file bankruptcy and include this judgement and have my funds released back into the account since I will be filing for bankruptcy.

    Can I do this? Any help is appreciated!

  2. #2
    Join Date
    Apr 2008
    Location
    Texas (Dallas area)
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    Default Re: Can Filing Bankruptcy Stop a Creditor's Judgement

    You can have a judgment discharged in bankruptcy.

    You are only allowed to keep certain amounts of cash.

    You may need to speak to a BK attorney to decide that if the money being held by the bank exceeds the amount you are allowed to keep. The bank may have to turn the funds over to the trustee.

    Either way. A bankruptcy will discharge your debts and judgments so you can go on and lead a normal life. A new start is what most people need.
    My posts are not intended to offend anyone. I am sorry if they have.

    When it comes to your FICO scores you are dinged if you do and dinged if you dont

  3. #3
    Join Date
    Jan 2006
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    25,781

    Default Re: Can Filing Bankruptcy Stop a Creditor's Judgement

    this doesn't make any sense:


    I have a judgement that was dismissed in 2002
    if the judgment was dismissed (vacated), that is the end of things. You cannot pay to "reopen" a judgment.

    Your husband needs to open an account in another bank and change his direct deposit to that account.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  4. #4
    Join Date
    Apr 2009
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    5

    Default Re: Can Filing Bankruptcy Stop a Creditor's Judgement

    In the state of FL the SOL allows for any judgement to be collected on for a period of 20years. Believe me, I was shocked too to find out that they could "pay" to reopen it. But, I called the judges chambers and sure enough all they have to do is pay to reopn a dismissed judgement. I even checked the documents at the county clerks office and it shows they paid to reopen.

  5. #5
    Join Date
    Jan 2006
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    25,781

    Default Re: Can Filing Bankruptcy Stop a Creditor's Judgement

    you are missing my question.

    if the judgment was dismissed (as in vacated), there would be no judgment, period.



    Now, I can see if the original suit was reopened but that would result (effectively) in a new civil suit which you would have been able to defend against.

    here is the section of the applicable state statute regarding what you are speaking about:
    b) A party reopening any civil action, suit, or proceeding in the circuit court shall pay to the clerk of court a filing fee set by the clerk in an amount not to exceed $50. For purposes of this section, a case is reopened when a case previously reported as disposed of is resubmitted to a court and includes petitions for modification of a final judgment of dissolution.
    that does not allow a dismissed judgment to be reinstated simply by paying a fee. It allows the case for which a judgment was rendered or some other means of disposal which ended the case to be reopened. If there was no judgment to begin with, this would not cause a judgment without a trial. If there was a judgment, this would not be necessary since, well, there was already a judgment and reopening the case would not be necessary. If there was an original finding against you resulting in a judgment that was subsequently dismissed, it would simply act as an appeal of that dismissal which you would have the right to defend against.

    maybe it would help if you explained what you mean by:


    I have a judgement that was dismissed in 2002
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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