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Question
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Feb 1, 2006, 12:02 PM
| | New Member | | Join Date: Feb 2006
Posts: 4
| | | Judgement My question is about a judgement that was posted to my credit report. I am in the military and was deployed to Iraq when the judgement was brought to court. It is for a surgery that my now ex-wife had several years ago. I got divorced last year, and not until I went to purchase a house in a new city did I find out I had such a black mark against me. My wife at the time was responsible for all the bills, and obviously did a poor job with them, while I was overseas. She ignored the letters from the creditor and lawyers to appear in court (never mentioning to me this is happening), so by default they won the case. She has since agreed to payment terms and is current in her re-payment schedule. My question is is there any way to have this mark removed from my credit if I were to take this back to court? I had no knowledge of this happening, I was never contacted directly. Due to this judgement I cant get certain jobs (ie. police department or sheriffs office). I have to find a way to get this off my credit. What are my options? I am prepared to consult an attorney, but honestly dont know where to start. Please any advise would be great! | | | | | | |
Answers
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Feb 1, 2006, 12:17 PM
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#2
| | Über Member
Join Date: Aug 2005 Location: The Bogs at Windover
Posts: 7,363
| You'll have to go through the court - as opposed to through the Credit Bureaus - so an attorney's advice is definately what you need in this situation...but first, contact your local VA office and ask them if there's a liason you can get some advice from first, since it won't cost you. |
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Feb 1, 2006, 12:22 PM
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#3
| | Bankruptcy & Debt Expert
Join Date: Aug 2005 Location: republic of maryland
Posts: 1,694
| Was the judgment in your name only? There are some limitations on service personal. check with the VA legal department. |
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Feb 1, 2006, 12:57 PM
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#4
| | New Member
Join Date: Feb 2006
Posts: 4
| I honestly dont have a copy of the paperwork, I need to request it from the Creditor. Im going off my credit report at this time. I will check with the VA, thanks for your comment. |
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Feb 1, 2006, 02:08 PM
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#5
| | Junior Member
Join Date: Dec 2005 Location: Virginia
Posts: 110
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Feb 18, 2006, 06:14 PM
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#6
| | Junior Member
Join Date: Feb 2006
Posts: 185
| The Soldier's and Sailor's Relief Act of 1940something prevents civil action being taken against active duty military currently deployed overseas.
This action *could* be taken against your wife since she was in the US. The first question would be why the surgery was done in a civilian hospital. The second would be if it was performed prior to your marriage. The third would be to see what your divorce settlement provided for in terms of individual debt.
Given that she has agreed to a repayment schedule, and is following that schedule, have your divorce attorney send a letter to the original credit provider (hospital), the collection agency and the credit reporting agencies.
Also, have a copy of the letter available to the mortgage lending service. Many banks and lenders will work with you, given these circumstances, and provided that you have no other negative marks on your personal credit. |
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