The abstract of judgement was recorded after i filed bankruptcy. I hope somebody can help me remove an abstract of judgement that is recorded under my name. I filed bankruptcy in Febraury of 2009 and a abstract of judgement was recorded on April of 2009..... Can they do that....... This judgement was also included in my bk and was discharged under my bk....... Is there any way of removing this judgement...... I was surprised when I went to the county recorders office...... If it can be taken off..... what are the steps and how do i go about doing that....... Can this also be completely takin off so it doesn't even show that a judgement was recorded.......Thank you so much for your time..........
My BK was not discharged until may 29th........ So can it be recorded when their is an open bk proceeding..........
The recording of the judgment was a violation of the automatic stay and should of have happened. I would write a certified letter to the creditor and attach a copy of your notice of bankruptcy filing evidencing the date it was filed. Tell them you are giving them 30 days to remove the abstract of judgment that was filed in violation of the stay or you will have your bankruptcy case reopened to file a motion for an order to show cause why sanctions should not be issued against them for failure to remove the lien after receiving notice that the bankruptcy case was filed first.
Mr. Larkin is licensed to practice law in CA and is located in San Diego. His response here does not constitute legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Larkin strongly advises the questioner to confer with an attorney in their own state to acquire more information about the specifics of their case.
You can also consider asking for damages for violating the automatic stay - especially if you have to hire an attorney to fix the problem.
Good luck with your situation.