Legal Question in Bankruptcy in Texas

Agreed Judgement

My wife and I filed for bankruptcy on December 9, 2003. We did it ourselves as we cannot afford a lawyer. Today we received a certified letter from a law firm that represents one of the creditors we owe.

We had a court date setup by the court for a hearing in January 2004 with this plaintiff. However, in the letter we received today, this law firm sent us a copy of a request for abatement concerning this case because the

court had awarded them a judgement concerning this case and stated that the agreed judgment was signed by the court the same day as the filing of the bankruptcy. We contacted the court concerned and they stated that no such

award was given and confirmed receipt of our bankruptcy filing. What exactly is an ''agreed judgement'' and how could this have been signed by the court if the court has no record of it. No one but ourselves that we were filing for bankrupcy and what day we were doing this so how could this ''agreed judgement'' been ''signed by the court'' on this exact day as our bankrupcy filing?

What can we do about this?


Asked on 12/27/03, 11:14 am

1 Answer from Attorneys
Andrew Nichols Law Office of Andrew B. Nichols

Re: Agreed Judgement

It appears the law firm representing the creditor is lying about the "agreed judgment". You and your wife would have to have agreed to and signed any Agreed Judgment. That's why they are called "agreed". Since you never signed any agreements AND the court is not aware of any agreements, then it's safe to assume the law firm is being very misleading.

If I were in your situation I would write a certified letter to the law firm telling the firm you have filed bankruptcy and that their debt (judgment or otherwise) is going to be discharged. I would also state in the letter that any attempt to collect this debt is a violation of the bankruptcy code. DO NOT ABATE OR SIGN ANYTHING GIVING THIS FIRM ANY RIGHTS TO COLLECT THIS DEBT/JUDGMENT. If they continue to play games you could have a right to collect money from them as damages for violating the bankruptcy code.

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Answered on 12/29/03, 8:06 am


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