Can You Vacate a Judgment if it Has Been Discharged in Bankruptcy
My question involves judgment recovery in the State of: New Jersey
I have two default judgements that were discharged in my 2011 CH 7 bankruptcy, however the judgements still show as adverse information on my credit report and I would like to have them removed by providing an order to vacate to the credit reporting agencies.
From my understanding, in NJ you are able to file a motion to vacate judgements included in your BK filing, in state court, as long as you wait at least one year after your bankruptcy is filed. My issue is that I currently reside on the west coast and traveling to NJ just to appear in court is not a feasible option, financially. Is there any way to handle the proceedings myself from out of state?
Re: Can You Vacate a Judgment if it Has Been Discharged in Bankruptcy
Quote:
Quoting 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. If it appears upon the hearing that he has been discharged from the payment of that judgment or the debt upon which such judgment was recovered, an order shall be made directing said judgment to be canceled and discharged of record; and thereupon the clerk of said court shall cancel and discharge the same by entering on the record or in the margin of the record of judgment, that the same is canceled and discharged by order of the court, giving the date of entry of the order of discharge. Where the judgment was a lien on real property owned by the bankrupt prior to the time he was adjudged a bankrupt, and not subject to be discharged or released under the provisions of the Bankruptcy Act, the lien thereof upon said real estate shall not be affected by said order and may be enforced, but in all other respects the judgment shall be of no force or validity, nor shall the same be a lien on real property acquired by him subsequent to his discharge in bankruptcy. Notice of the application, accompanied with copies of the papers upon which it is made, must be served upon the judgment creditor, or his attorney of record in said judgment, in the manner prescribed in R.R. 4:5-1, et cetera, of The Revision of The Rules Governing the Courts of the State of New Jersey (1953); provided, however, nothing herein contained shall prevent said judgment notwithstanding such discharge of record from being used as a set-off in any action in which it otherwise could be used.
You should be prepared to either travel to New Jersey to appear at the hearing, or consult a New Jersey lawyer about the possibility that a lawyer could appear at the hearing without your presence.
Re: Can You Vacate a Judgment if it Has Been Discharged in Bankruptcy
Quote:
Quoting
Alffa86
From my understanding, in NJ you are able to file a motion to vacate judgements included in your BK filing, in state court, as long as you wait at least one year after your bankruptcy is filed. My issue is that I currently reside on the west coast and traveling to NJ just to appear in court is not a feasible option, financially. Is there any way to handle the proceedings myself from out of state?
Your understanding is correct.
Unfortunately, the statute mentions a hearing:
http://njlaw.rutgers.edu/cgi-bin/njs...1&actn=getsect
You either go or you hire an attorney in NJ to handle it for you.
Or, you leave it be until the judgments fall of your credit reports which I think is 14 years from the date of the judgment.