QUESTION
Can I have a falsly obtained judgement against me removed.
Asked on Sep 18th, 2018 on Bankruptcy - California
More details to this question:
I filed a BK7. All debt was to be dischrged. I discovered 6 yrs later a creditor obtained a judgement against me stating that I committed bank. This is not true. I supplied proof of income with a copy of my 1040's. This income can be verified with the IRS. I have been told that I have missed the statute of limitations. When I learned of this. My BK attorney wanted me to pay him $3,400 to see if he could get this vacated. I was retired at the time getting a pension of under $775 per month, could not afford it at the time. I recently spoke to this attorney he lied to me telling me that I told him that I committed bank fraud intentionally. I would never do that, I am a former bank employee and also worked for the FDIC. I am fully aware of the consequences of committing bank fraud. The atty got nasty on the phone and started using foul language against me. I feel that he committed perjury when he signed an agreement for me stating that I pay this back. I never authorized him to do so.
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
Reviews not shown
3 Awards
This is way too involved to address in a forum like this. You need to have a consultation with an experienced bankruptcy attorney, or a civil litigation attorney (depending on what you are trying to accomplish--see below) in your area.
Relevant information a bankruptcy attorney will want to know is: Was this debt listed in your bankruptcy papers? Was this judgment entered before or after the Chapter 7 case was filed? Did the creditor obtain an order declaring the debt to be non-dischargeable? Is there a lien against any real estate? If so, when was the lien recorded in relation to the bankruptcy filing?
If you are merely seeking to vacate the judgment, that would have to be done in the court in which the judgment was entered, and if it was over 6 years ago, I can't imagine that you are within the statute of limitations for doing so.
Anyway, if your bankruptcy case was filed in the Greater Los Angeles Area, feel free to contact me for a consultation to go over your bankruptcy options.
Answered on Sep 18th, 2018 at 10:58 PM