QUESTION

How can my husband get a judgment due to identity theft removed?

Asked on Aug 01st, 2012 on Bankruptcy - New Jersey
More details to this question:
My husband had a judgement filed against him in 1994 for a vehicle. However, the debt is not his. I was a case of identity theft where other charges were made on his credit. Back in 2004, we settled with the collection agency at the time, however, they have no record of this. A new collection agency is coming after him for this judgement. Is it possible to get this cleared up for good without having to pay for a bill that wasn't his?
Report Abuse

6 ANSWERS

Bankruptcy & Debt Attorney serving Torrance, CA at Saperstein Law Firm
Update Your Profile
If the collection agency accepted your settlement in 2004 and released the claim of its client against you, you need to prove it. Did you get anything in writing to show that the judgment claim was released? If so, show it to the new collection agency, and it should back off. If you can't get the new agency to go away, you may need an attorney to get the court to intervene. In court, you will have to attest that you were never "served" with a summons calling you to court to answer the creditor's claim, and the claim has no merit against you because you are not the person who incurred the debt in question. You might be able to make the new collection agency withdraw from chasing you simply by pointing out the significant passage of time. Under California law a judgment is enforceable initially for ten years, and then it terminates. More than ten years has passed since the judgment was entered in 1994. However, judgment creditors can petition the court for a single ten year extension. Tell the collection agency that the judgment is unenforceable because it is more than ten years old, and the agency should leave you alone unless and until the agency can show you that the court granted the judgment creditor's petition for a ten year extension of the judgment.
Answered on Aug 21st, 2012 at 4:15 PM

Report Abuse
Real Estate Attorney serving Williamstown, NJ at Law Offices of Slotnick & Schwartz
Update Your Profile
The only way I can think of is to ask the Court to vacate the judgment nd reopen the case based upon the settlement. Or use the settlement as a defense if they attach your property. But without proof of the settlement your chances are not very good.
Answered on Aug 21st, 2012 at 4:13 PM

Report Abuse
Chapter 7 Bankruptcy Attorney serving Clinton, MS at Timothy Kevin Byrne Attorney at Law
Update Your Profile
Learn to keep records. Hire counsel to try and set aside judgment and fix credit report.
Answered on Aug 21st, 2012 at 4:13 PM

Report Abuse
Family Attorney serving Henderson, NV at Harris, Yug & Ohlinger
Update Your Profile
You have a lot of stuff going on here. First, this is an extremely old debt, and an extremely old judgment. Why would anyone settle a debt that wasn't theirs? Let alone ten years after the fact? Why wouldn't someone keep record of payment of a settlement? Yes, it's possible to get this cleared up for good (usually I sue 'em and that takes care of that) but you're going to need some professional help here, because unfortunately but clearly you haven't been able to resolve this going on for twenty (20) years now!
Answered on Aug 21st, 2012 at 4:13 PM

Report Abuse
Litigation Attorney serving Westland, MI at Clos, Russell & Wirth, P.C.
Update Your Profile
Setting aside a judgment that is 18 years old, especially if you knew about the judgment 8 years ago is almost certainly impossible.
Answered on Aug 21st, 2012 at 4:12 PM

Report Abuse
Bankruptcy Law Attorney serving Livingston, NJ
2 Awards
You have to be able to show it was identity theft and what you paid. Without that you will be out of luck.
Answered on Aug 21st, 2012 at 11:15 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters