Someone please help me. This is my situation. I signed to have my ex bailed out of jail last year. Half the amt required was paid, leaving half owed. 2/03 I was served with papers informing be I was being sued for balance. My ex cousin and ex are named on the suit also. I called the lawyer and agreed upon payment arrangements prior to final court date. He agreed. I made 1st payment. My ex was to make the rest. Since I didn't trust him I asked for proof he was paying. He showed me a money order stub for May. I found out today that a judgment has been entered on the case and that he did not make another payment. I am just starting the process of buying a home and now this. I am so upset, I'm crying. 1.) What can I do to keep this off my report until I close. 2.) Do I have 10 days to appeal the judgment? If so will it still be report to the CRA. 3.) If so, what do I file? 4.) How long does it take to show on my report? Someone pleasssse help? I'm desperate.
Do you have the payment arrangement agreement from the lawyer in writing, stating who was to make which payments?
No, we made the arrangements over the phone. The arrangement was for me to make the payments. But I was making my ex pay it, since it was his debt.
It seems to me that you were the one who signed saying you would pay, then you expected your ex to pay. Ex didn't sign anything. You were served, not your ex, you made payment arrangements, not your ex. When the ex didn't pay, it fell back on you. I don't think there is anything you can do, honestly, except to pay it off. I'm not trying to be mean, but they came after the person who signed - they always will. Ask your mortgage broker if he/she can help,. Often they can make arrangements for the amount of the payment to be included in the mortgage, and then pay the judgment at closing. Your interest rate will probably be higher, but after you clean your reports up again, you can refinance it if necessary. Hopefully, you will take a big lesson away from all this: 1) The ex isn't worth your time and trouble - he's sticking you with all the responsibility. Doesn't even sound like he's willing to help. 2) Never sign YOUR name to something and then expect someone who didn't sign to be held responsible. It won't happen. I know this probably sounds harsh, but it's the way things work. You're stuck with this. You must be very generous and kind-hearted. Now you have to get realistic, to balance out the kind-heartedness.
a.)I didn't sign anything as far as the payment arrangement. That was done over the phone. b.)My ex, his cousin and I were all served. c.)That's the conclusion I've come to now. But I'm getting a FHA loan. Will that not disqualify me since it is in the last two years? I would like to keep this from showing up until after I get in my house. Is that possible. I'm pretty sure at this point I'm going to end up paying it. But I don't want it to stop me from getting my house. So, should I: 1.) Appeal the judgment. If I do will it keep it off my report temporarily. Or, 2.) Pay the judgment with the agreement of a joint motion to vacate.
I wish I had some magic advice, but can you contact the attorney and demand some answers? or call someone in the yellow pages or talk to one of the telelawyers at legalzoom.com? Good luck, I really hope this gets sorted out for you in time. Poochie
So when you were originally sued you signed an agreement that judgement would automatically be enter if payments weren't made? If so I think you may be scrxxed. Only I thing I can think of is to contact the attorney and agree to immediately pay the full balance in exchange for the default judgement being vacated (not satisfied!). Lesson if you sign to bail someone out of jail expect to pay the full bail amount!
Re: Re: defaut judgemt during loan process I know that now. I thought I was only responsible if they didn't show up in court. I guess that's what I get for now reading what I was signing. I didn't sign any agreement other than the original papers when he was bailed out. I made an agreement over the phone to try and keep a judgment from being entered. 1.) If i appeal the judgment do it still go on my report in the meantime. 2.) If I appeal the judgment and lose, which I'm sure I will. Will the lawyer be less likely to accept payment and vacant the judgment. I just need to buy time.
