Judgement ordered without my service

[dcash10367]

What is the name of your state? Florida

I just learned that a judgement was issued against me in 1997 for a repossessed vehicle. I never signed a service notice.

How can I go about fighting this judgement? I am going to go to the courthouse and search the records to see if maybe my ex husband signed for my service. We were divorced in 1996.

Thanks,
Deanna

 

[Justice For All]

I have a few questions.

1). Were you married when the car was purchased?
2). Did you get a non-fault divorce?
3). How much is owed?

 

[dcash10367]

Yes, we were married when the car was purchased but divorced a year before the judgement. He took the car when we seperated and had it voluntarily repossessed.

Yes, it was a non fault divorce but he is responsible for 66% of the car debt.

The judgement was for 4500.00 but with interest it is now up to 9000.00

 

[Justice For All]

I would consider you to send a letter with a good explanation to TransUnion http://www.transunion.com/index.jsp , Experian http://www.experian.com/ , Equifax http://www.equifax.com/ and the creditor.after you are finish searching the records at the courthouse.

 

[dcash10367]

Thanks.

The attorneys office representing Ford subpoenas me every year to go in and give them a deposition on this matter. Is there anyway once I get proof of non service that I can get this to stop? Is it possible to get this judgement removed from record?

Thanks again.

 

[Justice For All]

Is there anyway once I get proof of non service that I can get this to stop? Is it possible to get this judgement removed from record?

Yes to both. Here is a head start: http://www.references-etc.com/disputing_credit_report_errors_rental.html

 

[racer72]

Thanks.

Is there anyway once I get proof of non service that I can get this to stop? Is it possible to get this judgement removed from record?

I am going to tell you why this will not be near as easy as JFA says it is and why you are legally liable for the debt.

First, you and your ex bought the car together, you were both part of the financing. When you were divorced and the ex took the vehicle, you did nothing to get your name off the financing contract. Car is repossed, both you and your ex are sued. Even though you both were sued, and you were sued as a married couple, only one of the parties needs to be served. Your ex, being the sweety that he is, says nothing to you. A judgment is granted against both of you and now the creditor can go after both of you, legally, for the debt. Your divorce decree means absolutely nothing to the court that granted the judgment or the creditor, that is strictly between you and your ex. Situations such as this are posted here on a regular basis.

Now you need to know what to do. Challenging the debt with the CRA's will get you nowhere. A legal judgment with your name on it is out there, they do not nor will they remove the negative information. You can go to the court and try to have you removed from the judgment, this likely won't happen because your name was on the financing contract thus you were and are legally liable for the debt. Don't forget, your divorce decree means squat in this court. Now who does that leave you can go after?????? If you say, "My lovely ex", you win the prize. You will have to drag his sorry behind back to the court that granted the divorce and have a judge tell him to honor the decree and pay the debt that is his. And hopefully for you he will.

Is there anyway once I get proof of non service that I can get this to stop?

Simply put, this won't work.

Is it possible to get this judgement removed from record?

Pay it. Then sue your ex. I would suggest you talk to a local attorney, you will probably find this will be a lot more complicated then just writing a few letters.