Filing Suit Against Wrong Party - Damages

[ddeveaux]

What is the name of your state? NJ

I had a summary judgment entered against me for debts of my then girlfriend. I appealed and judgment was reversed. My issue now is that this judgment was on my credit report for months and I had to pay an extra deposit for my home rental and was turned down for other credit. I wanted to sue the original business that filed the suit against me initially as they had no standing to sue me. My name was listed as the Emergency Contact on my girlfriend's form which is where they got my name.

1. Where can I go (online preferably) to find any case law or statutes to support the above for NJ? I think original person had a duty to sue correct person. They sued both of us. (I had moved so was never served correctly is why it got to summary judgment)

2. Is there an approved method for determining damages when it's something like "denied credit" and "pay extra deposit"? The judgment is STILL on some of my credit reports as they've been slow to remove. Entered in April '07 initially.

Thanks!

 

[Rexlan]

Probably SOL but a very bad deal for you. Good you got it vacated however. You do need to keep on top of the credit folks. A pretty sharp letter to them with a copy of the vacated judgment should do the trick PDQ.

Denied credit is speculative and improvable as to real monetary damages. How much did that cost you and can you prove the amount? Not likely. Your damages will need to be proven.

Extra deposit .... don't you get the deposit back? Again no damages. If it is only a few hundred dollars the lost interest is much less than the filing fees.

Probably best to lick the wound and move on down the road.

 

[dcatz]

Duplicate post
https://forum.freeadvice.com/showthread.php?t=388405