Ok, here's a silly question for anyone... I was going through my "Paid Bill" File, and came across the court papers for a judgement that I had paid. This one is really nagging me cause: 1) It's paid, but stays on my reports until 1/2006; 2) On my TU, the Attorney's Office has posted a collection account that falls off in 2005 for the same account (showing paid collection - disputed and supposedly "verified"). After closely reviewing the affidavit from the original creditor, they STATE CLEARLY that I was not a member of the armed forces or military when I signed the contract or any period throughout. WRONG. I was a member of the Marine Corps Reserve. Do I have a leg to stand on to get this vacated on that technicality? And, just as importantly, is there anything I can do to get this "Paid Collection" off of my report? I look forward to your responses... A. J.
To add to that (and yes, at the time, I was quite naive about things), I've also discovered that from the date of service to the court date the time period was 10 days. I, being the dolt I am, didn't show up, so they won by default. The thing is paid, however, with this judgement on my record, and the additional "collection account" slam on my reports, I've got a HUGE black mark against me... again, any suggestions? Thanks, A. J.
During war time, many service people are sent overseas and cannot reasonably defend themselves in a courtroom in the states. So, some states passed a law saying that before a plaintiff could get a default judgement, they had to verify that the defendant was not in the armed forces. It was a fairness issue and made sense. We have not been at war for a while and I am not sure that it is still required. You may have been dealing with an old time attorney who has always gotten the affidavit because that's the way it was always done. Still approaching this from a logical basis, if you were available and just did not show up, it is unlikely that you would get any sympathy from a Judge to throw out the judgement. On the other hand, if you were out of the area due to a military committment, you may have some success. If you failed to show because of a military committment, check your state law and see if the affidavit is still required.
SSCRA It is actually a federal law known as the Soldiers and Sailors Civil Relief Act and can be viewed here: http://www.chinfo.navy.mil/navpalib/questions/ssrelief/c50art7.html
Re: Judgement Question I have forwarded my questions to the MO Attorney General to see if he can provide guidance. The plaintiff's attorney is quite the sleaze, and I've found a few "techicalities" that may assist. I'll see what the AG has to say, then go forward from there. A. J.
