cal2014

Vacating a Judgment Due to Illness

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In 2009 I was extremely ill to the point I had to turn my finances over to my spouse. During that time, my spouse signed for a summons on a credit card debt. They never gave it to me. I only just became aware of it via a credit report. Bottom line, I did not get the opportunity to validate the debt or defend myself.

 

Do I have any legal grounds to vacate the judgment at this point?

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In 2009 I was extremely ill to the point I had to turn my finances over to my spouse. During that time, my spouse signed for a summons on a credit card debt. They never gave it to me. I only just became aware of it via a credit report. Bottom line, I did not get the opportunity to validate the debt or defend myself.

 

Do I have any legal grounds to vacate the judgment at this point?

 

Unfortunately, no.  Service upon a spouse is legal in all states.  Validating the debt after you have been sued won't stop the suit.  If your husband was not going to tell you about the suit he should have at least discussed it with a lawyer or hired one to defend you.

 

There is a limited time to appeal or vacate a judgment and it expired a LONG time ago.  They only way to get rid of it now is to settle it or file BK.

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Sorry to say that in this case, your husband dropped the football. I understand how it happened if my wife were gravely ill I would not pay attention to a lawsuit. I think that you would be throwing good money after bad.

There are ways to repair credit around it, but I think judgment trashes your score. it has been a really long time as far as the court usually allows 1 year maximum with an excuse such as out of the country for military service or that.

Having a judgment went actually better for me because I stopped obtaining credit and save for things now. Now I also look on youtube if the car breaks, or the furnace breaks. I have hunkered down and grow vegetables to supplement and fish on the fishing piers which you don't need a license for.

Join a credit union and put money in there, they have good benefits for members. Navy Federal is good if you qualify.

Sadly, it breaks my heart to say the damage is done. I usually say fight to the end but this time you must move to recovering from it.

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