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CaLawyer - advice if you can


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Good Morning,

my wife recieved a judgement against her in 08/21/1997. I discovered this on her credit report. It was given at the norfolk va civil court by a creditor for 2624.00. At the time she was currently in the military in Hawaii and was never served, thus a default judgement for the amount was entered. the judgement says interest awarded from 08/01/97 for 23.0 percent. The questions I have are, if we pay would we be liable for only the 2624.00 or would we have to pay the principal plus the interest for almost 6 years (over double the amount of principle?) The other question is, I believe normally her right to appeal has been expired for some time, but due to the fact that she was never served and never knew anything about the judgement would that be grounds for appeal? Also, she lives in another state now..would that offer protection? I know CA Law's are different, but I'm just curious what your take on this is, total bill comes out to almost 6 grand, that's alot to pay for a damn car stereo.

thanks for any help you can provide, feel free to direct e-mail me

thanks,

ching

p.s. if we did have any grounds to fight this, would it be an expensive battle? I would go to virginia to take care of this if necessary.

[Edit by chingasaholo on Saturday, April 26, 2003 @ 12:20 AM]

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Thanks,

I've researched the the SSCRA and found we could get the judgement vacated or re-opened if we show predjudice (i.e. was deployed when served, etc...) the plaintiff, in this case the dirtbags that sold the stuff, is required by the court to follow specific rules in regard to military members when filing suit...SSCRA is interesting read for this board, especially for those service members who may be browsing here...Dont forget it!! It may be your ace in the hole........any other thoughts on this issue would be appeciated, I want to take this to the max to get this judgement vacated or even If i could get it settled for the principle, the judgement would fall off anyway after seven years and they couldnt renew. If the judgement were vacated, the SOL in VA for written contracts is 5 years, I'm assuming since it's past the SOL they couldnt refile another suit or if they did it would provide an absolute defense...if I'm wrong please advise

ching

btw.....ching is now enrolled in concord law school!! this credit stuff got me inspired!

[Edit by chingasaholo on Sunday, April 27, 2003 @ 12:42 AM]

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Sorry, I have been out of my office for the last several days.

I have posted several times about the Soldier's and Sailor's Relief Act. It has a number of very important features. One of the best is a limit of 6% interest on qualifying debts and protection against eviction.

In addition, the Act requires every plaintiff, when taking a default judgment, file an affidavit swearing that the defendant is not in military service (see section 502). The section goes on to say what happens if you can't file the affidavit. In many states, this is simply a box you check and many lawyers pay little attention to it. You might want to see what was done in your wife's case. It is pretty powerful ammo (no pun intended) to have an argument that someone misled a Court into entering a default judgment.

Here is a link to the act:

http://www.chinfo.navy.mil/navpalib/questions/ssrelief/usc50top.html

PS. Congrats on law school. I hope it is everything you want.

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thanks for the info mate, I've been studying up all weekend and doing research. I'm pretty sure my attorney is going to give me the choice's: fight it or wait out until the statute of limitations is up in two years. the SSCRA does afford alot of protection but if we wait we'll not be able to take advantage of it, we only have 90 days. It may be a tough decision to make but we are saving enough money so if we decide to fight and lose..we can pay them :)

ching

p.s. you know, if hadnt already forked over 7k for the school I could pay this judgement and forget about it:) school is pricey though. I'm going through the orientation now, after the end of my first year I have to fly out to california to take a test to see if I can continue to year two and beyond. The curriculum so far looks fairly easy for the first year, just lot's of research mainly.

[Edit by chingasaholo on Monday, April 28, 2003 @ 12:28 AM]

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