FIL's judgement showing as belonging to DH. HELP!

Discussion in 'Budget Board' started by marmalade, Jun 18, 2011.

  1. marmalade

    marmalade DIS Veteran

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    My DH is a Jr., and his father is pretty much a deadbeat debtor. We are planning to buy a house and when we went to get pre-approved, we were told that there is a tax lien for past due child support and a judgement for something called K A M acquisitions.

    I knew immediately that this belong to my FIL and went to annualcreditreport.com and disputed both. Thursday we received an email saying the Child support has been removed. But last night I received an email saying that Equifax has confirmed this debt to belong to my husband.

    Since it was friday at 8:30pm I need to wait unti monday to correct and now have to stress about this all weekend.

    FIL admits the judgement is his, he has the papers he was served with. My question is...... How do I fix this if it has already been confirmed with the County Supreme Court as belonging to my DH? I want to be armed with as much knowledge before monday when I go to the court house.
     
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  3. bdcp

    bdcp DIS Veteran

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    You need to talk to a lawyer since the county court is saying it's your DH's. It'll cost you something, but not as much as having that on your credit. FIL isn't disputing it, so get him involved with the lawyer too. Better yet, if your FIL has a lawyer already, talk to them about it. FIL can come forward in some way to claim it and get it off your DH's credit. SSN's should be involved too so that should be an easy way to dispute it. Although there have been cases where father's have used son's ssn's when they are named the same to get loans, etc. fraudulently.

    One more reason having the same name (with some of the same residence history) isn't a good idea.
     
  4. marmalade

    marmalade DIS Veteran

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    The last thing I want to do is pay for a lawyer to correct someone else's mistake.

    I know nothing about judgements. Since they are public records I can assume that the SSN is not on the public record? Does the court house have all the info on the creditor? How can I get records of the original creditor?

    The fact that I have to stress about this all weekend is driving me nuts. We know this isn't my DH, but not knowing how long it will take to correct is frustrating.

    To think I cancelled my 1br BWV trip we had scheduled this august to focus our money on buying the house and now we are hit with this curve ball. :confused:
     
  5. nunzia

    nunzia You can't top pigs with pigs, but you CAN top Toys

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    You really need to do whatever you can to fix this..years ago my DH's credit got entangled with our son's..he is not even a Jr and they managed to mangle it all up...such a mess to deal with.
    Now, the hospital has entangled our daughter's bill for having the baby with DH and also lists him responsible for all the kids...even though DD WORKS at that hospital and has all her insurance and family on record, etc. They had DD listed as a DEPENDANT of a hospital employee, DH doesn't work there, only DD. I tell you, incompetence is going to sink us.
     
  6. marmalade

    marmalade DIS Veteran

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    It's scary how something so simple as credit reporting can get so messed up. Things should be linked by SSN only, not names or whatever else they link it too.
     
  7. teacup princess

    teacup princess DIS Veteran

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    My husband has a couple of his father's cc's that show up on his credit report. We've yet to figure out how to successfully get them off of there. Luckily though, he pays his bill so it doesn't show as a negative.
     
  8. disneychic2

    disneychic2 DIS Veteran

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    Wow, what a mess! I have no advise, but just wishes for you to get this resolved as quickly as possible.:hug:
     
  9. seashoreCM

    seashoreCM All around nice guy.

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    Dispute all errors on your credit report no matter how slight.

    Have you disputed it directly with Equifax yet? Including asking them to show proof?

    Holding FIL civilly responsible should be a distinct possibility.

    You don't want incest to enter the picture.
    Holding the hospital civilly responsible should be a distinct possibility. Of course, first give them a brief chance to set their records straight with the information you give them.

    For any Purchase and Sales Agreement there should be a financing contingency clause. You (with your own attorney if you are unsure of procedures) should make sure that financing contingency lasts until actual closing, not only to some arbitrary date such as that on a commitment letter. "If the loan does not close then buyer may rescind the Agreement and receive a full refund of all deposits." The seller should trust the buyer not to perturb the contract due to buyer's remorse, not the buyer trust the seller to extend the time of closing to seek alternate financing. In addition financing contingency should not require the buyer to enter into subprime fnancing as part of the terms of the Agreement.

    Finally I would go to the court alone first (unless you already have been in which case go again this time with an attorney). Actually I think it is perfectly okay to go alone more than once, each time with more information and more questions.
     
  10. marie1203

    marie1203 DIS Veteran

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    This happen to me with sister she has same first name and last name and her social is only different by one number. I reported to all the credit reports and in a matter of days they were all taken away.
     
  11. dawson5

    dawson5 DIS Veteran

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    My husband is a Jr. and son a III. We ran into this with his dad, he was a truck driver and owned his own rig/business that went bankrupt. It created a mess. We dispute anything that is not ours. They've been great about taking things off that aren't ours. I don't know if it helps or not, but whenever we've filled out anything from insurance to credit cards, even shopper reward cards, we stipulate that he is Jr. (husband) and same thing with my son. We don't want what happened to us, to happen to him. Granted we have great credit, but we also are vigilant about making sure it is ours.

    Also, don't think that because they removed it once, it won't return. We've had things pop back up on ours. I don't know if it was because a debt was resold or what, but sometimes I find myself trying to clear the same debt twice. Add to this, he's been gone for probably 14 years, things still keeping recurring.
     
  12. Boston Tea Party

    Boston Tea Party Truth is truth

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    The posters at creditboards.com are very helpful. They might have some advice. :)
     
  13. Planogirl

    Planogirl I feel the nerd in me stirring

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    I know that at Experian, you can send proof that the debt does not belong to whoever's credit report it shows up on. If you're pressed for time you can fax in the proof too. I don't know about Equifax.

    You said that the father has the paperwork. Do you know if it shows the last 4 digitis of the SSN? Or a birthdate? You said that the courthouse verified to you that it isn't your DH. Can they give you whatever paperwork they have that shows that?

    It can be difficult with judgments and liens since those so often don't show SSN's. Some collection agencies and even some credit card issuers don't report them either. They don't legally have to, in fact there is a movement to do away with SSN's on credit reports entirely. I hope that this never succeeds because if you think that the CRA computers mess things up now, just wait if SSN's are no longer used.
     
  14. JoiseyMom

    JoiseyMom <font color=orange>Have you had your SPANX today??

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    Photo copy your fil's judgments and show them to your bank! That should help. Also send this to the credit bureau giving you a hard time. Good luck.

    I know when I got my first car loan, and mortgage, credit issues from my ex were there, but all I had to do was show my divorce papers that showed he took legal obligations for all marital debt, and I got both loans.
     
  15. aprilgail2

    aprilgail2 Guest

    Your sister has the same first and last name as you????
     
  16. marmalade

    marmalade DIS Veteran

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    We did dispute it with Equifax and I received a email last night stating they verified that this belongs to DH, when in fact it doesn't.

    I am so concerned becaue according to Equifax, the County Court DID verify this as belonging to DH even though we know it belongs to his dad, and his dad was "served" his paperwork by a Sheriff. How can such an error be made to verify a judgement against someone when the debt belongs to someone else.

    They had to send me the email on Friday so there is nothing I can do until Monday expect stress.
     
  17. NMW

    NMW DIS Veteran

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    This is exactly the reason I would never have made my sons Jrs, III, etc. This has happened to so many people I know, including my brother that had stuff that was our grandfathers on his credit report from before my brother was even born. It was a huge headache for my mother to get it all removed so he could law school loans.

    When I got pregnant with my first child the first thing I told my husband is that we are not naming this baby after him or his father. I did the same middle name, but that's it. :goodvibes
     
  18. aprilgail2

    aprilgail2 Guest

    I had an ex that I found out was using his sons SS# for things and since they both had the same name -one a Jr the other a Sr he got away with it- he even used it when getting a job!
     
  19. Jeff_G

    Jeff_G Mouseketeer

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    From this point on all communication with Equifax needs to be in writing mailed certified with return receipt requested. Keep copies of everything you send along with the return receipt. There are forms online you can download and fill out to dispute the information (don’t bother with their online form any more). Send one to Equifax and one to your county court.

    Your county court needs to correct this and if they do not you will need to get a lawyer to sue both the credit reporting agency and the county court, they are both liable under The Fair Credit Reporting Act… You can sue in small claims court for $1000 or actual damages plus attorney fees… Google The Fair Credit Reporting Act and read through it…
     
  20. bosuch

    bosuch Mouseketeer

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    That's the thing - they "verified" it, they didn't validate it. Many times verification is just some underpaid phone monkey pulling up your credit report, seeing it on there, and saying "Yes, it's valid".

    What you need them to provide (and they are legally obligated to do so) is the method of verification - basically, they need to tell you that they contacted the creditor. They probably won't be able to, at which point you tell them they need to remove it or you will sue them for non-compliance with the FCRA. No need to bring in a lawyer, it's a small-claims court matter...

    Read this about verification methods: http://www.creditinfocenter.com/repair/MethodOfVerification.shtml

    At the same time, challenge it with the creditor. If they don't immediately remove it, demand that they show you:

    1) Proof they own the debt
    2) Copies of statements
    3) Copy of the original agreement with your signature

    Since they can't provide #3, you're fine... Give them 30 days, threaten to sue, and follow through if needed. Both the creditor and the agency owe you $1000 each if this isn't removed.

    Bill
     
  21. Planogirl

    Planogirl I feel the nerd in me stirring

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    Underpaid phone monkey? That underpaid phone monkey is simply following the company's instructions, keep that in mind. There's no need to be so rude when you refer to them.

    As for that link, there are some inaccuracies there. If people verify by internet no employee of CRA even sees the dispute. It goes directly through the computer system and is verified via the e-oscar system. No paperwork is provided to the CRA but only a response and then this is sent automatically to the consumer via that same computer system.

    If you dispute via mail, the detail is added as space allows to the two code dispute in a message to the reporting agencies. Or at least it is at Experian. Again no paperwork is provided to the CRA in response. Those who work with paper mail are usually in another country.

    Courts are a bit different. They are generally not on the e-oscar system so in some manner actual representatives of the CRA is said to check the record. They don't necessarily call since many courts are on computer systems and that info is generally available. I'm not sure if the courts can be sued being a government entity and besides they simply store the information themselves.

    At Experian, people seem to often get the best results by calling and reaching the previously mentioned underpaid apes. They are definitely easier to work with than a computer who couldn't care less at any rate. You will need a credit report number to get through and you will reach people located in the USA.
     

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