military credit question

[tiger9919]

I have two questions regarding Texas law and/or Soldiers and Sailors relief act. First, my wife was the signer of an apartment lease in which her and her former husband lived before she entered the military. When she separated from him and joined the military, he remained living in the apartment but never made any monthly payments. This was not known to her until recently when she checked her CR for the first time and there was an unpaid balance on her CR that had gone to collection. She never received any calls or letters regarding this matter. Is there anything she can do to either A: not have to pay it or B: pay it and have it erased from her CR????? Second, she also had a car that she had a loan with that was purchased before she entered the military. After a few months of service, the bank spoke to her and found out she was living in a different state and that the car was not with her (she was on a ship, so of course it wasn;t with her). Fearing she took out the loan for different person and lied, the bank repossessed the car with no warning. They were uncooperative and told her that she breeched the terms of the contract. So is there any protection under the soldiers and sailors relief act???? There is still an outstanding balance on that car that is on her credit report. Sorry for the long post...any help would be greatly appreciated.

[JETX]

Originally Posted by tiger9919

Is there anything she can do to either A: not have to pay it

Yep. Unless this is a judgment, she can simply refuse to pay. Of course, she might still be sued, etc.

or B: pay it and have it erased from her CR?????

Though removal is unlikely, she can certainly try to negotiate an adjustment in the report for payment in full. It is entirely up to the creditor to remove or edit their report.

Second, she also had a car that she had a loan with that was purchased before she entered the military. After a few months of service, the bank spoke to her and found out she was living in a different state and that the car was not with her (she was on a ship, so of course it wasn;t with her). Fearing she took out the loan for different person and lied, the bank repossessed the car with no warning. They were uncooperative and told her that she breeched the terms of the contract. So is there any protection under the soldiers and sailors relief act????

Nope. The Servicemembers Relief Act (its correct new name) has no protection for breach. She needs to READ the agreement she signed to see what constitutes breach and what rights she has (or not).