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Help Judgement

Discussion in 'Credit Talk' started by Ben, Mar 27, 2001.

  1. Mar 27, 2001 #1
    Ben

    Ben Guest

    My wife and I are trying to buy a house. I checked our credit reports and my wife has a judgement on her credit from a year ago. This came from her cosigning a house lease contract for her mother. The leaser was a real pain and caused great heartache for her mother who was eventually forced out of the house. He then sued her for $8700. My wife was never served and we had no idea that the judgement had been made against her. Is there any way to get this off of our credit.

    Please Help!!!
     
  3. Mar 27, 2001 #2
    Collector

    Collector Guest

    No. "...cosigning a house lease contract..." That means the contract was legally binding. Your wife can appear on the hearing date and dispute it but I don't see that helping much. The judge only grants judgement on the fact that a contract was signed. The collection of said judment lies in the hands of the lessor so maybe you could work out a settlement.
     
  4. Mar 27, 2001 #3
    LKH

    LKH Well-Known Member

    That is a crock. If a defendant has not been served, there can be NO legal judgment. I would ask for a hearing or file a motion to dismiss the judgment based on the fact you were not served. Chances are the judgment will be vacated, but they will try to have you served, and will probably have a server at the hearing in case the judge does in fact dismiss the judgment.
     
  5. Mar 27, 2001 #4
    Ben

    Ben Guest

    How do I get in touch with these?
     
  6. Mar 27, 2001 #5
    mother2

    mother2 Well-Known Member

    you can do a search

    for any of the 2. Lot's of info. Good Luck
     
  7. Mar 27, 2001 #6
    Cadillac408

    Cadillac408 Well-Known Member

  8. Mar 27, 2001 #7
    Hal

    Hal Well-Known Member

    Re: you can do a search

    A party must be served by mail or in person, depending on the state statutes, in order for a Judgement to be valid. You should request a copy of the court records from the court clerk, including proof of service. File a motion to Vacate Judgement with the same court and include the copies of the court file showing no service as evidence.
     
  9. Mar 27, 2001 #8
    Himmel

    Himmel Guest

    judgement deleted

    I got my judgement deleted with the advice from what someone (sorry didn't recall who you were) gave me.

    I sent a letter to the CB stating that the judgement was never enforced, that I'm making payment arrangements with the original creditor, and that was all it took. :)
     
  10. Mar 28, 2001 #9
    Saar

    Saar Banned

    Re: judgement deleted

    Hal is correct. You have to file a "motion to vacate judgment" with the same court, claiming you were never served.

    If the judgment is the only negative item on your report, first try to dispute it yourself. Then, if it comes back verified, you may want to consider rataining Junum.


    Saar
     
  11. Mar 28, 2001 #10
    Saar

    Saar Banned

    Re: judgement deleted

    rataining => retaining
     

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