Need a judgement removed. Double Jeopardy!

[Mrzjbabii]

Maybe someone with judgement experience can help.

I was sued by my apartmenr complex for back rent (went into labor the day I was supposed to move). I was unable to go to court on the date because I was not served due to being immediatly reassigned across country (Va to CA both husband and I are active duty military). Judgement was given to plantiff. Then 3 months later there was damage reported to the apartment from our dog which we agreed was fair but again could not get to court as we were both deployed lol. They included the previous amount in the second judgement I paid through military allotment. Only the old judgement is reported on my report and has no status but both are reported on DH report but the latter shows paid.

My question is should I dispute the first judgement or should I file motion to vacate?

[RobertEG]

If by disputing the judgment, you mean filing a dispute under the FCRA, then no.

You already have about as strong a verification of accuracy of the reported information as one will ever get.  You have a court trial on the facts, albiet you did not attend, and a ruling by the court as to its accuracy.  Open and shut basis for verification of accuracy should you dispute.

To contest the facts, either as to any debt or its amount, you need a new trial.  To obtain a new trial, you need to motiion the court, showing some error in the judgment.

I'm not sure how being reassigned precluded service of notice of the proceeding, so that needs clarification.   I would take a look at the court record and see how it establishes service of notice on the defendant.

[Mrzjbabii]

Ok it's tough because I'm in California and suit was filed in Virginia Beach, VA. I sent a letter to the plantiffs attorney asking him to remove the previous judgement or update status to at least paid but no response just yet. Maybe I should call. Because he also owes me $177 I overpayed

[guiness56]

Look up the SCRA.  There are things in there about judgments and what can and cannot happen if you are military.