Q: The judgment I have against my name the five years is up but the creditor was add in chapter 7 and was discharged can th
Surgical hospital sued me back in October 2017 and the surgery was in November 2012. I was served papers to answer their question and sent it back and that was the last time I heard anything but I filed chapter 7 and the surgical hospital was in it and was discharged. I tried selling my house and that is when I found out that I had a judgement against me and I never received paperwork or a court date. Can the renew the judgment if the hospital was in the chapter 7 and discharged can they renew the judgement and collect money even though it was discharged in bankruptcy? Do you go by the court when it was filed or when the judge granted the judgement.
A:
Not surprisingly, your question is missing some important facts.
General rules- Entry of a judgment, under State law, usually becomes a lien against all property in the state owned by a judgment debtor.
A bankruptcy filing does NOT discharge a perfected lien; in a Chapter 13, however, the debtor can seek to have the court invalidate a judgment lien if certain conditions are shown. But removal of the judgment lien requires a bankruptcy court order.
Whether the creditor's judgment, in your case, became "dormant"/unenforceable under Oklahoma state law is a question best addressed to an experienced lawyer authorized to practice in your jurisdiction (bankruptcy courts look to applicable state law to determine whether a claim, and especially a lien, is valid.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
