Shocking Surprise on Credit Report

[kctg]

My husband and I just got married last year, and this year we wanted to purchase a vehicle for the first time in our names. So the auto dealership naturally pulled up both our credit reports. Mine was clean and I had a great ficus score. My husband, on the other hand, had two lawsuits against him which he didn't even know about. He had never seen his own credit report up until that moment. He was being sued for a total of $2700 by the apartments he lived in back in college 6 years ago. He never received any letters stating he was being sued, and he doesn't have a clue as to WHY he's being sued. He paid rent on time and upon moving out, he passed inspections with no issues.
I have several questions: 1) Is it legal to sue someone and not let them know about it? 2) How long will those records remain on a credit report? Until settled? 3) How do we go about disputing both suits, and do we need a lawyer? 4) If both are proven to be unfounded lawsuits, can we counter-sue the apartments for both emotional distress and for ruining my husband's credit for the past 6 years?
We would really apreciate any information on this because it has been a terrible shock for both of us... Thank you!

 

[JETX]

I find it somewhat hard to believe that he didn't have ANY knowledge of these problems (or maybe he just doesn't want to admit it).

In any case:

Q1) "Is it legal to sue someone and not let them know about it?"
A1) Every lawsuit requires procedures for the Defendant to be 'properly served'. This usually involves service directly to the person, but could be done by other methods if the person is not available. Some are: service to any adult answering the door, or service by publication (notice via a local newspaper or publication). As you can see, this could allow a suit to progress without specific knowledge of the defendant.

Q2) "How long will those records remain on a credit report? Until settled?"
A2) The length of time is set by statute and depends on the state (See the RED text at the top of the screen???).

Q3) "How do we go about disputing both suits, and do we need a lawyer?"
A3) First, you are going to need to contact the two courts involved and get copies of the 'notice of service' so that you can see how it was done. While at it, get copies of the original complaints so you can see what the suit was about. After reviewing these documents, you can decide whether you need an attorney or not, but you will need a certain amount of ability to file a "Motion to Vacate Judgment".

Q4) "If both are proven to be unfounded lawsuits, can we counter-sue the apartments for both emotional distress and for ruining my husband's credit for the past 6 years?"
A4) No, unless the lawsuits were found to be frivolous or an abuse of power. Further, you have suffered NO damage due to these suits, as your own statement says you weren't even aware of them!

 

[kctg]

"...NO damges"

A bad credit report due to these lawsuits - would this not be considered a damage? My husband has been turned down loans for this reason.

As for him not wanting to "admit it", this is not so. He did not receive any form of notification. He moved out of the apartments so it's possible they didn't give it to him as he did not leave a forwarding address to the apartment owners.

 

[HomeGuru]

My husband and I just got married last year, and this year we wanted to purchase a vehicle for the first time in our names. So the auto dealership naturally pulled up both our credit reports. Mine was clean and I had a great ficus score. My husband, on the other hand, had two lawsuits against him which he didn't even know about. He had never seen his own credit report up until that moment. He was being sued for a total of $2700 by the apartments he lived in back in college 6 years ago. He never received any letters stating he was being sued, and he doesn't have a clue as to WHY he's being sued. He paid rent on time and upon moving out, he passed inspections with no issues.
I have several questions: 1) Is it legal to sue someone and not let them know about it? 2) How long will those records remain on a credit report? Until settled? 3) How do we go about disputing both suits, and do we need a lawyer? 4) If both are proven to be unfounded lawsuits, can we counter-sue the apartments for both emotional distress and for ruining my husband's credit for the past 6 years?
We would really apreciate any information on this because it has been a terrible shock for both of us... Thank you!

My response: your credit report may indicate a FICO score. A ficus score is a rating one gets at a plant show when entering a banyan tree.

 

[curtisd]

you may want to ask husband if he had a lease and broke it

 

[kctg]

Yes I meant "FICO" score and not "ficus" - not that I would be spelling it when talking to the credit bureau.

"you may want to ask husband if he had a lease and broke it"
No, my husband did not break the lease. He knew he would have to pay extra for doing so, hence he opted to stay until the end of the lease.