Re: What is "vacating the judgements"?

Posted by Tikamhti (205.188.116.84) on May 31, 2004 at 17:22:46:

In Reply to: Re: What is "vacating the judgements"? posted by Barb on May 31, 2004 at 12:29:54:

You need to distinguish between the debt and the lien of the judgment. A judgment is simply a debt which has been declared as valid and which has been made into a court order allowing the creditor to use the sheriff to take and sell your property. Not all judgments can be vacated. If the debt is discharged, then you can not be made to pay personally. However, if judgment has created a lien on real property in which you have an interest (translate that to "in which you have a right of any sort") then the creditor can still 'foreclose' on the 'property', and sell the interest of the debtor in the property at auction to try to recover some of the debt from only the proceeds of the sale. No deficiency can ever be demanded or pursued against the debtor who filed bankruptcy. If the creditor tries to contact the debtor to collect, it is a contempt of court, punishable by the judge without any right of a jury trial.

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