Legal Question in Bankruptcy in Florida

My son co-signed on an auto loan. He became responsible and a judgment (with interest) was filed against him. He filed bankruptcy and the judgment was listed on bankruptcy. Now, some 16 years later, he is trying to get a home equity loan and the judgment shows up. Is there anything he can do to get this lifted, or will be be responsible for the whole loan? It has risen from $4,000 to $10,000. He tried to talk to them about negotiating for a smaller amount, but they would not even talk to him, said he owed the whole amount.


Asked on 11/13/09, 4:22 pm

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

If your son listed the judgment in his bankruptcy then he almost certainly doesn't owe on the judgment, but I guess this doesn't matter to the home equity loan company. Unfortunately, there is no way to have judgments erased from public record, even if they are discharged ("erased") in bankruptcy.

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Answered on 11/18/09, 4:30 pm
Steven Meyer CPLS, P.A.

If the judgment was properly listed on the bankruptcy petition that your son filed, then the judgment was probably wiped out. Your son doesn't owe anything on the loan, and it is probably illegal, under the federal fair debt collection practices act, for the loan company to ask for payment on a debt that is not paid. An attorney may be interested in pursuing this type of case for your son.

Your son could file a motion to reopen the lawsuit in which the judgment was ordered and to vacate the judgment. There would be a filing fee to the clerk's office to re-open the case, but it may be worth pursuing.

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Answered on 11/18/09, 4:49 pm


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