BTO429 Posted September 4, 2008 Report Share Posted September 4, 2008 Ok so far I have been trying to handle things with some CA's and be nice about it, but it isn't working for me.I am thinking real hard about dragging them in court. The most pressing issue right now is a judgment that a CA obtained on me in 2002 while I was on active duty. The case goes on until 2006 and the last entry on the docket sheet says unable to serve vacant. I haven't lived there for 4 years.Any way I have applied for several jobs and have been told they can not hire me because of the judgment on my cr. I cant get a security clearance with a judgment on my record, FAA regs.So with that said I am thinking of suing for financial injury. They have also reported some things on my cr that are incorrect. They have reported "Non Military status individual is not and has ever been a member of the armed forces." I never got to go to court to defend myself on 10 to 12 year old medial bills that my sons mother did not pay.Am I correct in thinking this way? All I really want is the default vacated so I can get back to work. I am trying to get a civilian job in which I will be doing the same job I did in the Military but the job requires a secret clearance, I had a top secret clearance in the Marines but lost it when I retired. Link to comment Share on other sites More sharing options...
flacorps Posted September 4, 2008 Report Share Posted September 4, 2008 To get a default like that they probably had to file a non-military affidavit. If you check the SCRA, it may give you a way to go in getting that judgment overturned for improperly invoking the civil court's jurisdiction in light of the fact that you actually were in the military at that time. Link to comment Share on other sites More sharing options...
BTO429 Posted September 4, 2008 Author Report Share Posted September 4, 2008 The SCRA specifically says that that affidavit must be backed up with facts, and regardless of intent if t was not then it could constitute fraud.I would also argue that since they got the judgment and it shows on my cr and they are reporting on my report on their own separate from the judgment, it constitutes financial injury and defamation. I could be wrong. Link to comment Share on other sites More sharing options...
flacorps Posted September 5, 2008 Report Share Posted September 5, 2008 I would also argue that since they got the judgment and it shows on my cr and they are reporting on my report on their own separate from the judgment, it constitutes financial injury and defamation. I could be wrong.Maybe not so much ... and I'd stick to the conventional SCRA remedies to the extent you've got any. Link to comment Share on other sites More sharing options...
BTO429 Posted September 5, 2008 Author Report Share Posted September 5, 2008 Thats what I am gong to try to do. A lot of lawyers dont really know those laws really well any how. Link to comment Share on other sites More sharing options...
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