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Help removing judgement on credit report that violates Soldiers and Sailor’s Civil Relief Act?

My fiance and I are trying to get a VA mortgage. The only thing holding us back is a judgment rendered in 06. The judgement came from when he was in basic training and he left his rent money with his roommate. The roommate stole the money and abandoned the apartment. As a result my fiance was evicted and a judgement was rendered against him for 1032 dollars. This was all done during the time he was in basic training. What can we do to take care of this, as it is illegal to render a judgement against someone on active duty or to evict someone on active duty if rent is below 1200 dollars per month.We’ve already talked to the mortgage company. I’m desperate!
I’ve tried disputing it with an agency that the mortgage company works with. They deal directly with credit bureaus for issues such as this. They said there is nothing they can do unless the plaintiff dismisses it, or the court states it is no longer valid.

What state are you in? The problem you are going to have is if you are buying a house removing the judgment won’t come quickly. What does the mortgage company say? Sometimes they will allow the money to be held in escrow, you can close, while you fight the judgment. I would check into this if you have the money to keep in escrow.

In any event – what state is the judgment in, maybe you can get some pro bono help, or help from the JAG?

Why is there a judgment, was it a default judgment? It may be too late now, the time to challenge or answer has long passed. Unless the Act precludes the court from having subject matter jurisdiction of the claim, which cannot be waived. Is the fiance still in the service? He should be able to get help from the base attorneys – if not I would call the state bar and see if you can get some names of attorneys who may help you pro bono.

You may also try to do it yourself. File a motion to vacate the default based on the Act and see if you can get a judge to hear it on an expedited basis – fairly straightforward. It is worth a shot.

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