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-   -   Judgement (https://www.askmehelpdesk.com/showthread.php?t=19403)

  • Feb 1, 2006, 01:02 PM
    DJC
    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 can't 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 don't know where to start. Please any advise would be great!
  • Feb 1, 2006, 01:17 PM
    RickJ
    You'll have to go through the court - as opposed to through the Credit Bureaus - so an attorney's advice is definitely what you need in this situation... but first, contact your local VA office and ask them if there's a liaison you can get some advice from first, since it won't cost you.
  • Feb 1, 2006, 01:22 PM
    mr.yet
    Was the judgment in your name only? There are some limitations on service personal. Check with the VA legal department.
  • Feb 1, 2006, 01:57 PM
    DJC
    I honestly don't 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.
  • Feb 1, 2006, 03:08 PM
    klmgb
    Might want to go to this website, could be of use

    http://usmilitary.about.com/gi/dynam...preservists%2F
  • Feb 18, 2006, 07:14 PM
    wynelle
    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.
  • Feb 18, 2006, 08:45 PM
    klmgb
    SSCRA (Soldiers and Sailors Civil Relief Act) was updated in 2003 with passing of the Servicmens Civil Relief Act. Here is a good site for info: http://www.military.com/Resources/Re...,31042,00.html and another: http://usmilitary.about.com/od/sscra/l/blsscra.htm.

    Best to see a military lawyer

    V/r
    CWO4

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