Sunday, 1 February 2015

HI I have a question if some one gets a Default judgment against3 people in a joint judgment, the judgment was entered in 1999,one of the 3 ...

Question

HI I have a question if some one gets a Default judgment against

3 people in a joint judgment, the judgment was entered in 1999,

one of the 3 had a bankruptcy discharge in 1994.

Is the judgment void as to only the one or all 3 as he lied to the court

on the default?



Answer

As I understand your question, it isn't 'void' at all. Sounds like the BK and discharge of debt happened years before he was sued or judgment entered against him. His 'prior' debts were discharged by BK. Sounds like he incurred new debt after discharge and got sued on it.

If you are instead saying the suit was for debt included in BK discharge, then he should have raised the discharge at the time of suit. However, it is too late now, years after judgment, to set aside the default judgment. BUT, he could try to raise the BK discharge against any collection activities on the judgment. If that is you and you want to hire counsel to try to fight collection on that basis, feel free to contact me.



Answer

A bankruptcy discharge is for debts prior to bankruptcy, not debts that arise after your bankruptcy. You haven't provided any information to show that the judgment is void.



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