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Roger
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26011
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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Hello, I live in Albuquerque NM, I filed a chapter 7 on 10/4/10.

Resolved Question:

Hello, I live in Albuquerque NM, I filed a chapter 7 on 10/4/10. Now I am trying to refi and cant because of 2 Judgments from citibank filed with the State of New Mexico before I filed for Chapter 7. Our lawyer was contacted 3 times by us asking for help getting this remove from our record at the State of New Mexico District Court. Our lawer refuses to speak with us on this issue and stated she could not help us and for us to get another lawyer if we want the Judgment remove because she dosent handle State only Federal chapter 7? The State has Judgement from citi-bank dated Feb1 2010 and Oct 16, 2009 will file 10/4/10 and both citi-bank were include in the filing but still show-up as Judgment still in force after our fileing and waiting 3 yrs. Our credit score is better than before and there is no menition of this judgment anywhere on my credit report that we would have know about if we didnt try to redue our mortgage with an interst of 5.75. Now that we found these Judgment we cant get any help from the lawyer that handle our case. Does our lawyer have the right not to help us? We paid for a chapter 7 that was surpose to cover all and any action for money due. Now we have to find another lawer and pay another 1500 or what ever this other lawyer will charge for removing the two judgements that were include in our last chapter 7. I'm, feeling like I just got done in by the systerm twice.
Thank you,
Ted
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is XXXXX XXXXX X'X a Bankruptcy litigation attorney. Thanks for your question.

In order to obtain total relief from the judgments, your bankruptcy attorney should have filed a motion for relief from
the judgments. This would operate to get these removed from the credit reports, judgment rolls, etc. Without the motions for relief from the judgments, you are still discharged from the liability to pay the debt, BUT the judgment still remains.

Unfortunately, there's no obligation for your former attorney to file this, BUT you may threaten the attorney with a bar complaint for failing to do this - - which may have been negligent if she didn't.

You can can threaten the attorney into doing this. Otherwise, you would have to hire a new attorney to get the judgments removed. You could have gotten this done the first time around, and since it didn't get done, you're going to be looking at an additional expense.
Customer: replied 1 year ago.

Thank you Kirk, what would you suggest is the best approach, by phone or email or in writing and deliver by registered mail or ALL I tried all but registered mail. What the best words to use to make in making my point for motion of relief. I can’t seem to get the lawyer to give me an appointment or answer the phone. What would you say given the information I provide? If you have a script that I could use that will get the point across to the paralegal who‘s been the go between the lawyer and I, are who ever reads it first. I feel the paralegal knows her boss was negligent, and I feel the lawyer want do what I request unless I get the point across with strong words that proof her failure to fulfill her duties as our attorney (making the threat). Meanwhile I need to get the judgment remove before 2-11-13, if I have to obtain another attorney can I pass the cost to the negligent attorney? Thank again for your help in this matter.

Expert:  Roger replied 1 year ago.
Generally, phone calls and registered letters is the best way to get an attorney to respond. However, if you can't get the attorney to take action on your behalf, then the best option left is to hire a new attorney; you can also consult the attorney about whether to file a complaint against the lawyer.

You will have to file a motion to avoid a judicial lien. Here's a good form motion (it's a Vermont case, but the federal law is the same everywhere): http://www.vtb.uscourts.gov/forms/N_model_motion_avoid_lien.doc. You can use it as a template for your own motion; if you hire an attorney, he/she can do this for you.


Customer: replied 1 year ago.

I didnt know that! What is and what can happen if a judicial lien is enforced before I get the judgments remove. And thank you for making everything clear to someone who has no cue.


 


 


Thank you Kirk, I will contact my attorney for help writing the letter for relief from the judgments using the template at the site you referred. And thank you for your expert opinions i await your reply

Expert:  Roger replied 1 year ago.
A judicial lien is a lien given to someone who takes a judgment against you. Thus, the two creditors with judgments have a judicial lien. The bankruptcy relieves you of your personal liability to pay the judgments, BUT the judicial liens remain out there. The motion to avoid judicial lien will wipe the judgments away.
Roger, Attorney
Category: Bankruptcy Law
Satisfied Customers: 26011
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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