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In February 2009, while deployed in support of OEF, I had a default judgement filed against me. I've been told so many things by so many different people, my command JAG included, as to how to settle this matter. I've been told to pay the full amount, try to settle, petition the court etc. My ultimate end goal is just having the matter removed from my credit eport. The original amount was $9500. With interest and other fees it is $12,000. I was never served notice of summons, but in TN, the fact that they sent it is good service.
Any help would be great.
Seabee in Afghanistan
False!
I am not an expert on this...this is just my understand about things.
1. You can file to vacate the judgement based on two things -
a) you were not served, therefore the judgment should be invalid
b) you were overseas at the time in a combat zone (?)
2. If the debt is valid, you need to pay the original debt asap. Being overseas does not excuse you from paying bills. It just makes it harder. When I say original debt, I am referring to what the debt was without legal fees/court costs/added interest since the court date. But note, if were late before you deployed, then your case is weaker for leniency.
If this was me, I would immediately go for vacating the judgment. (This would get it removed from your credit report eventually with some work.) Then I would work with the creditor to get the debt paid of asap. (You can even start to work with them now.)
I understand things are tough when you are deployed. When DH first deployed, all payments were done by mail. He accidently packed the Lowe's payment with him and had to mail from over there. It was marked "late" on the CR and the creditor refuses to budge. That was the ONLY late he had ever had with them. We choose not to use their credit card. The same thing happened with another credit. Again, we won't give them our business.
Check your PM.
My husband is currently OEF at Bagram Airbase. YN.
When was this judgement filed? There are laws against judgements if you are deployed. Servicemembers Civil Relief Act.
http://usmilitary.about.com/cs/sscra/a/scra2.htm
Feel free to PM me.