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  #1  
Old 12-22-2008, 04:33 PM
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My options "PLEASE HELP!"


What is the name of your state (only U.S. law) NC?

Ok here goes. My wife had a couple credit cards before we were married and an account since we were married that she took out herself for something. Never did I sign anything for me to be a co-signer or anything to do with me being responsible for those loans. Well anyways we split up and she couldn't afford all those extra bills and I couldn't help her due to my own bills. Well she couldn't afford and just didn't pay. Since then which has been over a year ago all that crap ended up on my credit report also. Well I contacted one of the companys to demand it be removed and they wouldn't even speak to me, saying they would after I made her call them. I called for all three of my Credit reports and have just filed for those accounts to be removed but I have to wait another month or so to see what happens. What rights do I have in NC. We have since worked things out between us and never got a divorce but how can they slap junk on my report for something I never signed for.

If they do take this off my report, what stops these companies from just slapping this bad credit right back on me, and it taking me another month or two get get it removed, and having to pay for more reports. I plan on moving out of state to MT in about 6 months so I want my stuff clean so I can buy a house out there.

Thanks for the help.

Last edited by threetime; 12-22-2008 at 04:36 PM.
  #2  
Old 12-23-2008, 10:18 AM
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Quote:
Originally Posted by threetime View Post
What is the name of your state (only U.S. law) NC?

Ok here goes. My wife had a couple credit cards before we were married and an account since we were married that she took out herself for something. Never did I sign anything for me to be a co-signer or anything to do with me being responsible for those loans. Well anyways we split up and she couldn't afford all those extra bills and I couldn't help her due to my own bills. Well she couldn't afford and just didn't pay. Since then which has been over a year ago all that crap ended up on my credit report also. Well I contacted one of the companys to demand it be removed and they wouldn't even speak to me, saying they would after I made her call them. I called for all three of my Credit reports and have just filed for those accounts to be removed but I have to wait another month or so to see what happens. What rights do I have in NC. We have since worked things out between us and never got a divorce but how can they slap junk on my report for something I never signed for.

If they do take this off my report, what stops these companies from just slapping this bad credit right back on me, and it taking me another month or two get get it removed, and having to pay for more reports. I plan on moving out of state to MT in about 6 months so I want my stuff clean so I can buy a house out there.

Thanks for the help.

I don't understand, Are they judgments? or is it the credit card company just putting derogs onto your report? Totally different options if it is either one. They were right to tell you that they cannot speak to you until she contacts them first (thats the law here in NY anyway)
  #3  
Old 12-23-2008, 10:44 AM
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Quote:
Originally Posted by threetime View Post
how can they slap junk on my report for something I never signed for.
First, ignore the response from 'Creditor Rights??' as it is NOT correct. It makes no difference if these are judgments or claims, the process to handle them is identical.

Okay, with that done... if these (debts OR judgments) are not yours, contact the CRA (Credit Reporting Agency) and ask them to investigate and remove the erroneous information from YOUR credit file. A good example of the type of letter to send can be found online at:
[url=http://www.creditinfocenter.com/forms/sampleletter1.shtml]Sample Letter 1 - Initial letter to credit bureaus[/url]

Send by certified RRR. Keep copies of everything!!

Quote:
If they do take this off my report, what stops these companies from just slapping this bad credit right back on me, and it taking me another month or two get get it removed, and having to pay for more reports.
Pretty much nothing. You will have to be proactive in protecting YOUR credit history.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!
  #4  
Old 12-23-2008, 10:51 AM
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Quote:
and having to pay for more reports.
[url]www.annualcreditreport.com[/url] gives you a single free report from each of the major credit bureaus yearly.

You also get a free updated copy of your report once the investigation is complete, and said investigation modified your credit profile. However they won't likely send it to you unless you ask for it.

You are entitled to a free report any time you say that you are unemployed and looking for work (really how are they going to know) - I don't condone abuse or taking advantage here, just saying how it is.

You are also entitled to 1 free report per year. The site [url]www.annualcreditreport.com[/url] counts for your free yearly report. I suggest getting a paper one.
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  #5  
Old 12-23-2008, 11:22 AM
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Quote:
Originally Posted by JETX View Post
First, ignore the response from 'Creditor Rights??' as it is NOT correct. It makes no difference if these are judgments or claims, the process to handle them is identical.



JETX I've only been in debt collection for a decade and I've never seen someone be so wrong....

OP you will be getting an ORDER TO SHOW CAUSE TO VACATE THE JUDGMENT if one has been entered against you... if they are derogs on a credit report you will be WRITING THE CREDIT AGENCIES DISPUTING THE CLAIMS.. TWO TOTALLY DIFFERENT STEPS.
  #6  
Old 12-23-2008, 11:29 AM
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and LOL @ an investigation if there are judgments on your credit report. Investigations can take 90 days Order To Show causes can be taken care of in less then 3 weeks. lololol
  #7  
Old 12-23-2008, 11:36 AM
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Quote:
Originally Posted by creditorRights View Post
JETX I've only been in debt collection for a decade and I've never seen someone be so wrong....

OP you will be getting an ORDER TO SHOW CAUSE TO VACATE THE JUDGMENT if one has been entered against you... if they are derogs on a credit report you will be WRITING THE CREDIT AGENCIES DISPUTING THE CLAIMS.. TWO TOTALLY DIFFERENT STEPS.
You need to work on your reading skills. Jet's advice was based on the judgment NOT being against him...
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  #8  
Old 12-23-2008, 11:37 AM
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Originally Posted by creditorRights View Post
and LOL @ an investigation if there are judgments on your credit report. Investigations can take 90 days Order To Show causes can be taken care of in less then 3 weeks. lololol
You can't do an OSC on a case you're not a party to
__________________
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The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #9  
Old 12-23-2008, 12:19 PM
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Quote:
Originally Posted by Zigner View Post
You can't do an OSC on a case you're not a party to
obviously if theres a judgment against him, he was a party within the action lol
  #10  
Old 12-23-2008, 12:21 PM
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Quote:
Originally Posted by JETX View Post
First, ignore the response from 'Creditor Rights??' as it is NOT correct.


It makes no difference if these are judgments or claims, the process to handle them is identical.
im assuming you didnt read the jetx response zinger?
  #11  
Old 12-23-2008, 12:27 PM
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Quote:
Originally Posted by creditorRights View Post
im assuming you didnt read the jetx response zinger?
Quote:
Originally Posted by JETX View Post
Okay, with that done... if these (debts OR judgments) are not yours, contact the CRA (Credit Reporting Agency) and ask them to investigate and remove the erroneous information from YOUR credit file.
I believe it's YOU who didn't comprehend what was posted.
__________________
*
*
The information I gave is based on my 7 seconds of research on Google. Review the information yourself to make an informed decision.

Communication is KEY - 10 mins of talking now can save you months of headaches later!

Masterfully stating the obvious to the oblivious! (Thanks SP!)

Tell it like it is! When all else fails, make up a statistic!

Gender references shall apply equally to the other gender. I will not correct gender mistakes (unless I want to)
  #12  
Old 12-23-2008, 12:49 PM
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Posts: 3,809
JETX is, as usual, his typical gruff self and just as usual -- right. OSC, judgment -- that is all noise. The OP never said anything about a judgment. He simply has his wife's debt on his credit report.

The questions that should be asked are: Where did you live (state) when the debt was taken out? Why haven't you divorced her? Are you military?

As for creditorrights' comment about not being able to talk to the spouse -- that is nonsense, there are only three states where you can't talk to the spouse and NY or NC ain't in those three.

DC
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Quote:
OP needs counseling...not a court house. --Zigner
  #13  
Old 12-23-2008, 02:31 PM
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Not a judgment, as stated its only derogatory against my credit. I am not military. As stated above im in NC. Reason I haven't divorced her actually doesn't concern anyone not to be rude and if you take it that way I apologize, but still personal. Fact is I have already got my free reports and have already contacted the CRA and filed the wrong information with them to be investigated. They kinda sound to me like they are on the creditors side right off the bat but i don't know. One of the CRA's kinda told me to start calling around to remove this stuff and then I told him i tried that before i called him and that i thought that was his job anyways, again wasn't being rude. There should be a law that once the stuff is off your report that they aren't allowed to re-enter it. Thanks for the help.
  #14  
Old 12-23-2008, 03:20 PM
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Quote:
Originally Posted by creditorRights View Post
JETX I've only been in debt collection for a decade and I've never seen someone be so wrong....

OP you will be getting an ORDER TO SHOW CAUSE TO VACATE THE JUDGMENT if one has been entered against you.
Wow... a whole 'decade' huh?? Not saying much since you clearly can't understand English, probably have a limited education... and certainly NO legal education!!

The subject of this post is "how can they slap junk on my report for something I never signed for" and (a stretch) "crap ended up on my credit report also.". It has NOTHING to do with a possible judgment.

And while we are exposing your IGNORANCE... there is no such thing as an "ORDER TO SHOW CAUSE TO VACATE THE JUDGMENT". The PROPER process is to file a 'Motion to Vacate Judgment' (or to 'Set Aside' Judgment, depending on local terminology). Depending on the presentation in the motion, the court can either rule ex parte or set a hearing on the motion. If the court affirms the motion to vacate, then the prevailing attorney would draft an "Order to Vacate' the judgment and present to opposing counsel for acceptance, then to the court for signature.

Further, even if there were a judgment involved, it would be against the 'split-up' spouse, not against the OP. If that were the case, the OP has no standing to file a 'Motion to Dismiss (or Set Aside').

Try to THINK before you publish your ignorance on the forum.
__________________
There are at least 17 lawsuits (!!) pending in various courts, including the US Supreme Court, asking if Obama is a natural born citizen (as req'd by Art II, Sec 1 of the US Constitution).

Why has he spent over $1.35M in legal fees to block disclosure... rather than spend $12 for a VALID birth cert to settle the matter? The 'certificate' he has presented doesn't qualify to get a drivers license, wouldn't allow a child to qualify for Little League, or for a real citizen to get a US passport!

Last edited by JETX; 12-23-2008 at 03:28 PM.
  #15  
Old 12-23-2008, 10:10 PM
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Quote:
Originally Posted by JETX View Post

And while we are exposing your IGNORANCE... there is no such thing as an "ORDER TO SHOW CAUSE TO VACATE THE JUDGMENT". The PROPER process is to file a 'Motion to Vacate Judgment' (or to 'Set Aside' Judgment, depending on local terminology). Depending on the presentation in the motion, the court can either rule ex parte or set a hearing on the motion. If the court affirms the motion to vacate, then the prevailing attorney would draft an "Order to Vacate' the judgment and present to opposing counsel for acceptance, then to the court for signature.


Try to THINK before you publish your ignorance on the forum.
[url]http://www.mfy.org/facts_credit/FrozenBankAccount.pdf[/url]

Now I get to expose your ignorance, read paragraph "B" of the above link and pay close attention to the bold lettering the says "ORDER TO SHOW CAUSE TO VACATE A JUDGMENT".... even senior members learn something new everyday I guess
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