Legal Question in Real Estate Law in Illinois
This question applies to an attorney with real-estate expertise...in brief, a person had filed Chapter 7 in 05/2009. That person informed all the creditors and provided the BK attorney's name, address and case number for verification because the BK attorney suggested the person to do so, and not communicate with the Creditors, in which could be proven via email in 05/2009.
One of the Creditors disregarded the above notice and a year later (09/2010) sues the person. (The person was unaware of the lawsuit because that person lives in Florida and the lawsuit took place in Ilinois). Back to the year later...a person receives a phone call on behalf of Creditor attorney's Rep to inform person of suit. Person informs Rep that Bk was filed, d/c and creditor was notified. Person informs rep of residence, whom gave the person the summons.
Long story short, person flew to Chicago for court date (01/2011). Judge was an intern, whom refused to view person's proof of documentation, refused to question or listen to the person's witness (ex-renter of the condo), refused to listen to the person statements or questions, refused to make the Creditor reveal the related charges and date of the case, refused to explain to the person why she ruled in favor of the Creditor's attorney and the judge ASKED the Creditor's attorney TO EXPLAIN TO THE PERSON WHY SHE RULED IN HIS FAVOR. The judge was discombobulated, she didn't even know how to complete the ruling form correctly. The ruling occured on 01/2011.
The court room has a camera that could validate or confirm all of the above actions.
To this date the person has no knowledge of the amount and date of service of the outstanding bill, although requested from the judge and attorney in court, yet the person has a life time judgement on the credit report. Please advise.
FYI...The Creditor represented a Condo Association. Subject in question is a rental condo, in which was surrendered in the process of filing Chapter 7 BK in 06/2009. BK was discharged in 06/2009.
1 Answer from Attorneys
You should contact your bankruptcy attorney about the judgment on a debt that was discharged and about vacating a judgment for lack of service. In the case that you are discussing,you could have obtained a copy of the complaint from the Clerk of the Court that should have presented the charges and possibly could have determined the other information by looking at the court file.. You may also want to determine if there was a court reporter or recording from the prove up hearing. If so, you can order a transcript that would revealed exactly what happened.
I am guessing but it sounds like you probably appeared for a post judgment proceeding and then tried to present evidence that the judgment was improper without following procedures and the rules. If you did not present the proper motion and follow the rules, the court would not have to address your concerns or attempts to bring in evidence.
Finally ,since you indicated that the judge was interim, she may not have been the judge that ruled and that is why she asked the creditor's attorney to explain what happened. That attorney is an office of the court and is obligated to tell you the truth,
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