Story in a nut shell.... Wife had an apartment in another city/county in Illinois before moving in with me. Moved out prior to lease end. Leasing co sued. Wife was served notice from their attorney at our current joint residence (which is still in Illinois but in different county about 180 miles away). Wife met with attorney at courthouse on court date & they "agreed" on settlement amount. Attorney told her he would "take care of it", would file for continuance, & court would contact her at later date with new court date for which she must return. Told her she was free to leave, which she did since we live 180 miles away. Approx a year & half later, still no word from that attorney. Started paperwork to purchase home. Surprize, surprize ... judgement by default entered for the "settlement amount" now showing on her credit record (even though we did show up, just never saw the judge). We never received that alleged 2nd notice to appear. Wife is a full time student & does not have income, I am soul income provider for our family. We have joint bank account. Q1: Can that attorney attack my wages now or in future? Q2: Can we possibly get that judgement vacated on the grounds of not receiving 2nd notice to appear? If so what are the procedures/forms? Q3: Should we try to work something out to pay off debt in exchange for having it removed (least favorite option)? The main thing is that we need the thing gone... as it is hendering our home buying process. Thanks for any and all advice.
"YOU" are not liable for the debt UNLESS you CO-SIGNED... You need to get "PROOF OF SERVICE" from the court. You can dispute as "NOT MINE" "IF" it is more hassle than it is worth...offer PAYMENT IN FULL FOR DELETION
Thanks for the info..... no I did not co-sign. This apartment was pre-me. It's on her bureau report only. It's definietly worth the hassle to me. I'm just concerned that if my wife contacts them and tries to get this thing removed, they may try to trick her into some bogus agreement again. Or worse yet, they may try to attack our joint bank account or something to that effect. I have enough debt of my own & I'm really not trying to pay one of hers, especailly if it can be avoided... Thanks again......any other advice is greatly apprecated....
1*Wife met with attorney at courthouse on court date & they "agreed" on settlement amount. 2*Approx a year & half later, judgment by default entered for the "settlement amount" 3*even though we did show up, just never saw the judge). 4*Or worse yet, they may try to attack our joint bank account 5*Wife is a full time student & does not have income, 6*I am soul income provider for our family. 7*Started paperwork to purchase home. Surprise, surprise ... judgment by default entered for the "settlement amount" now showing on her credit record 8* Can that attorney attack my wages now or in future? lost boy <- <>- ><- <> 1*At the court house but not in the court before the judge Right? 2*Did you or she pay the agreed settlement amount during the 1.5 years? If so the judgment means you are getting hit up for it again making you pay it twice. 3*If you only went to the court house but didn't appear in court at the trial before the judge then you never went to court so you didn't show up. Since you didn't go to court you lost the case and they got a default judgment against you. 4* Open separate checking and savings accounts and don't put any money in hers. 5* & 6* So why did you apply for a home loan with her name on the application? Reapply again with just yourself on the loan App. Your wife don't have any income so there is no need to include her on the application especially since her credit is bad because of the judgment. 7*If you settled why do you have to pay the settlement again won't the judgment make her paying it twice. 8*NO.
When you applied for your mortgage it was a joint application ... right? You may need to apply for the mortgage by your self to get a better rate. If your wife is a fulltime student does she have much of a past credit history? I ran into something simaler with my wife in that we got a lower rate using just my credit history when we purchased our last home.
Re: Re: Am I liable for Spouse's judgement? Didn't I say that here? 5* & 6* So why did you apply for a home loan with her name on the application? Reapply again with just yourself on the loan App. Your wife don't have any income so there is no need to include her on the application especially since her credit is bad because of the judgment.
