{"id":640,"date":"2014-01-13T19:01:04","date_gmt":"2014-01-13T19:01:04","guid":{"rendered":"https:\/\/mn-bankruptcy.com\/blog\/?p=640"},"modified":"2014-01-13T19:22:08","modified_gmt":"2014-01-13T19:22:08","slug":"getting-rid-of-that-judgment-once-and-for-all","status":"publish","type":"post","link":"https:\/\/mn-bankruptcy.com\/blog\/getting-rid-of-that-judgment-once-and-for-all\/","title":{"rendered":"Getting Rid of that Judgment Once and For All"},"content":{"rendered":"

When you read about bankruptcy you are very likely to see quite of bit of carrying on about stopping garnishment, stopping foreclosure, ending harassment from creditors, stopping those nasty phone calls, and in general making the debts just go away. \u00a0Bankruptcy tends to be good for all those things. \u00a0You may not see as much about getting judgments cleared from your record, however, because the discharge of your debts from the bankruptcy court does not automatically do that.<\/p>\n

The bankruptcy court discharge is an order from a bankruptcy judge which eliminates most personal liability for unsecured debts. \u00a0It contains among other things an order addressed to your creditors requiring that they make no further collection efforts. \u00a0It just requires the creditors to stop. \u00a0For the most part, it doesn’t require the creditors to take any other action. \u00a0One of the things it does not require is that they file a satisfaction of judgment with the state district court if they have a judgment against you. \u00a0So when your bankruptcy is done, the creditors will leave you alone. \u00a0You won’t hear from them again. \u00a0If the creditor has a judgment against you, the creditor is prohibited from trying to collect anything on the judgment. \u00a0But the judgment itself just sits there and continues to be a matter of public record just as it was before the bankruptcy.<\/p>\n

Most of the time for most people that is a big “SO WHAT?” \u00a0As long as the creditor is paralyzed and can’t collect, who cares whether the judgment is still on the record? \u00a0After all, the judgment will expire when it is ten years old, and the bankruptcy discharge definitely prevents the creditor from renewing the judgment before it expires. \u00a0But sometimes a lender will care if you are trying to get a mortgage or refinance an existing mortgage. \u00a0In certain odd instances an employer or future employer might care too – judgments don’t look the best on a background check.<\/p>\n

If you should be one of the relatively rare folks who really needs to get the judgment cleared from the state court record, there is a procedure for doing that. \u00a0It is not part of the federal bankruptcy statute, but is a matter of state law. \u00a0In Minnesota, the process is laid out in Minnesota Statutes Section 548.181. \u00a0The clerk of court in most Minnesota counties can provide you with a form for this and a set of instructions to go with it. \u00a0The form and instructions for Hennepin County<\/a> can be found here<\/a>. \u00a0The statute is fairly easy to understand and reads as follows:<\/p>\n

\n

“548.181 DISCHARGE OF JUDGMENTS AGAINST BANKRUPTCY DEBTORS.<\/em><\/strong><\/p>\n

Subdivision 1.Application for discharge.<\/em><\/strong>
\n\u00a0A judgment debtor who has received a discharge under United States Code, title 11, or an interested party, upon paying a filing fee of $5 for each judgment, may apply to the court administrator of any court for the discharge of all judgments entered in that court against the judgment debtor that were ordered discharged by the bankruptcy discharge.<\/em><\/div>\n
Subd. 2.Application requirements; service.\u00a0<\/span><\/em><\/strong>
\nAn application under subdivision 1 must identify each judgment to be discharged, must be accompanied by a certified copy of the judgment debtor’s bankruptcy discharge or a certificate by the clerk of the United States Bankruptcy Court of the discharge, must state the time the judgment creditor has to object as specified in subdivision 3 and the grounds for objection as specified in subdivision 4, must be served at the expense of the applicant on each judgment creditor either:<\/em>(1) in the manner provided for the service of a summons in a civil action and must be accompanied by an affidavit of service; or<\/em>(2) by certified mail to the judgment creditor’s last known address as it appears in the court record, and must be accompanied by an affidavit of mailing.<\/em><\/div>\n
<\/em>Subd. 3.Objection to discharge.<\/em><\/strong><\/div>\n
\u00a0The court administrator, without further notice or hearing, shall discharge each judgment except a judgment in favor of a judgment creditor who has filed an objection to discharge of the judgment within 20 days after service of the application on the judgment creditor. An objection to discharge of a judgment must be served on the judgment debtor in the same manner as an answer in a civil action.<\/em><\/div>\n
Subd. 3a.Certification of discharge<\/strong>.\u00a0<\/span><\/em><\/div>\n
Upon receipt of a filing fee of $5, the court administrator shall certify to the judgment debtor or other interested party the judgments against a person that have been discharged by the administrator.<\/em><\/div>\n
Subd. 4.Court order.\u00a0<\/span><\/em><\/strong><\/div>\n
<\/em><\/strong>If a judgment creditor objects to the discharge of a judgment, on motion of the judgment debtor, the judgment creditor, or other interested party, the court shall order the judgment discharged except to the extent that: (1) the debt represented by the judgment was not discharged by the bankruptcy discharge; or (2) the judgment was an enforceable lien on real property when the bankruptcy discharge was entered. If the judgment was an enforceable lien on some, but not all, real property of the judgment debtor, the discharge shall only be entered as to real property not subject to an enforceable lien.<\/em>“<\/div>\n

 <\/p>\n

That looks pretty easy doesn’t it?<\/p>\n

Well, IT’S NOT AS EASY AS IT SEEMS<\/strong>. \u00a0Here’s the catch. Even though the law clearly states that the filing fee is only $5.00, Hennepin County has started charging a regular district court filing fee of $324 as well as the $5.00. \u00a0As far as I know, they are the only county in the state that is doing that, but don’t be surprised if you run into it in some other county. \u00a0I expect that the idea is going to spread. \u00a0You have to pay one filing fee per judgment, so if you have a lot of judgments to get rid of this could really run into money. \u00a0It’s probably a violation of law for them to be doing this, but for a few hundred dollars nobody so far has been able to afford to challenge it.<\/p>\n

Around the year 2000 the court clerks across the state came up with forms and instructions for this that are available to the public. \u00a0Since then nobody has hired me to do this procedure. You definitely need a lawyer to do the bankruptcy itself, but once the bankruptcy is completed most people can do this judgment discharge application themselves.<\/p>\n

This post is for general information purposes only and does not create an attorney-client relationship. \u00a0It is not legal advice. \u00a0It is recommended that you consult the attorney of your choice concerning the details of your case.<\/p>\n","protected":false},"excerpt":{"rendered":"

When you read about bankruptcy you are very likely to see quite of bit of carrying on about stopping garnishment, stopping foreclosure, ending harassment from creditors, stopping those nasty phone calls, and in general making the debts just go away. \u00a0Bankruptcy tends to be good for all those things. \u00a0You may not see as much … <\/p>\n

Continue reading “Getting Rid of that Judgment Once and For All”<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":401,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"footnotes":""},"categories":[4,69,12,141,188],"tags":[114,208,118,136],"class_list":["post-640","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-bankruptcy","category-chapter-13","category-chapter-7","category-cost-of-filing-bankruptcy-in-minnesota","category-judgments","tag-bankruptcy-costs","tag-filing-process","tag-how-does-bankruptcy-work","tag-minnesota-bankruptcy"],"yoast_head":"\nGetting Rid of that Judgment Once and For All - Better Call Dave - Bankrupt MN Blog<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/mn-bankruptcy.com\/blog\/getting-rid-of-that-judgment-once-and-for-all\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Getting Rid of that Judgment Once and For All - 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Sometimes that seems like a long time, and other days I feel as if I just started. These days my practice is devoted entirely to counseling folks concerning their financial problems and representing them in Chapter 7 and Chapter 13 bankruptcy. One thing I don't do is credit repair. When asked about matters concerning credit scores, I like to say \"I'm a very good source of unreliable information about that.\" What I mean is that I hear a lot about it from my clients who often report back to me how they are doing after their bankruptcy is completed, sometimes even years later; but having heard some stories from a few people doesn't qualify me to give any advice. I spend a lot of time with my clients. I want to be sure we get it right. There are civil and criminal penalties for concealing or providing incorrect information in a bankruptcy care, and my goal is to keep myself and my clients as far away from problems like that as possible. You can find me in MInnetonka near I-394 and Hopkins crossroad. It's ten or fifteen minutes from downtown Minneapolis. You can see parts of Plymouth, Minnesota, Golden Valley, Minnesota and St. Louis Park, Minnesota from the high ground in front of my building. If you take a look at the map, you can see that most of St. Louis Park is closer to my office than many parts of Minnetonka.","sameAs":["http:\/\/www.mn-bankruptcy.com"],"url":"https:\/\/mn-bankruptcy.com\/blog\/author\/davekelly\/"}]}},"_links":{"self":[{"href":"https:\/\/mn-bankruptcy.com\/blog\/wp-json\/wp\/v2\/posts\/640","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/mn-bankruptcy.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/mn-bankruptcy.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/mn-bankruptcy.com\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/mn-bankruptcy.com\/blog\/wp-json\/wp\/v2\/comments?post=640"}],"version-history":[{"count":10,"href":"https:\/\/mn-bankruptcy.com\/blog\/wp-json\/wp\/v2\/posts\/640\/revisions"}],"predecessor-version":[{"id":651,"href":"https:\/\/mn-bankruptcy.com\/blog\/wp-json\/wp\/v2\/posts\/640\/revisions\/651"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/mn-bankruptcy.com\/blog\/wp-json\/wp\/v2\/media\/401"}],"wp:attachment":[{"href":"https:\/\/mn-bankruptcy.com\/blog\/wp-json\/wp\/v2\/media?parent=640"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/mn-bankruptcy.com\/blog\/wp-json\/wp\/v2\/categories?post=640"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/mn-bankruptcy.com\/blog\/wp-json\/wp\/v2\/tags?post=640"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}