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Discharge injunction
David, I agree with Ty, and inadvertantly responded to the Avoidance
Question with the following (I was distracted... sorry to all):
Find out who the agent for service of process is for each entity in
the chain of title to the judgment. Go to the Secretary of State
Web Page to find out. Send a demand letter to each Agent for
Service of Process, as well as law firm who got the judgment and
recorded the Abstract. Give them 72 hours to remove abstract. I
would prepare a motion to avoid the lien to the extent it impairs
homestead exemption, and give notice under 9013-1(7) oppotunity to
be heard (speak or die rule). Ask for sanctions against each of the
entities, and attach letters sent to Agent for Service of Process.
Make sure you serve all of the above with noticed motion. If no
response, the Rule kicks in, you lodge and serve the order, and
include a declaration in support of sanctions. That can all be done
within 30 days.
wrote:
> Hi David,
> I actually had this come up before. In my case, a collection
agency
> filed an abstract of judgment after discharge of the debtors. In
my
> case, the collection agency was easy to locate. I called but got
only
> a belligerent response from the agents. I wrote letter's and
received
> a (paraphrased), "go to hell" response. I had to reopen case and
then
> filed a motion against the collection agency for violating the
> discharge injuction. It worked! Try to contact the creditor
first,
> maybe reopening the case and avoiding the lien might be more
practical.
>
> Ty Takeuchi
>
> --- In cdcbaa@yahoogroups.com, "dcandaux" wrote:
> > Creditor is listed on Schedule F. Discharge is granted. Post
> > discharge creditor records abstract of judgment. Creditor is
> > corporation who has merged into another entity which has merged
into
> > another entity which was purchased by a Canadian coprporation.
Do I
> > file a civil contempt action? What if no one shows up can Court
> order
> > abstract removed? Help.
> >
> >
> > David Candaux
The post was migrated from Yahoo.
Hi David,
I actually had this come up before. In my case, a collection agency
filed an abstract of judgment after discharge of the debtors. In my
case, the collection agency was easy to locate. I called but got only
a belligerent response from the agents. I wrote letter's and received
a (paraphrased), "go to hell" response. I had to reopen case and then
filed a motion against the collection agency for violating the
discharge injuction. It worked! Try to contact the creditor first,
maybe reopening the case and avoiding the lien might be more practical.
Ty Takeuchi
> Creditor is listed on Schedule F. Discharge is granted. Post
> discharge creditor records abstract of judgment. Creditor is
> corporation who has merged into another entity which has merged into
> another entity which was purchased by a Canadian coprporation. Do I
> file a civil contempt action? What if no one shows up can Court
order
> abstract removed? Help.
>
>
> David Candaux
The post was migrated from Yahoo.
Creditor is listed on Schedule F. Discharge is granted. Post
discharge creditor records abstract of judgment. Creditor is
corporation who has merged into another entity which has merged into
another entity which was purchased by a Canadian coprporation. Do I
file a civil contempt action? What if no one shows up can Court order
abstract removed? Help.
David Candaux
The post was migrated from Yahoo.