Legal Question in Credit and Debt Law in Florida

Judgements

I found out my husband has a judgement against him filed by a well known bank by searching public records in my county. I pulled it up by searching his name. My husband went to the clerk of the court and was told that a summons was issued on 06/07/05 and that my husband signed for it on the 15th of that month. The address where it was sent is an old address we haven't lived in since 09/2002. My husband wasn't aware he owed anything more to the bank as he settled a couple of months ago. The final judgement was filed a couple of days ago and my husband filed for motion to set aside final judgement. Also, the final judgement listed in public records clearly shows his social security number for all to view. Can the bank take the home we own? Also, can we take any legal action against the bank, who sent the summons to our old address and who also put my husband's social security number on the final judgement?


Asked on 12/31/05, 2:11 pm

1 Answer from Attorneys
Samira Ghazal Ghazal & Gomez, P. A.

Re: Judgements

You presented two different issues:

1. SSI # - it is currently totally legal to list that information.

2. The Judgment - he will need to immediately proceed to set that aside and have it vacated.

****VERY IMPORTANT*****

In my experience, and it may NOT happen to your husband, the reason they list the SSI# on the judgment is so that the judgment is "picked up" as a public record and placed on his credit reports. If he does get the judgment set aside, he will need to review his credit reports to make sure it is NOT being reported. If it is being reported as a judgment and it has been set aside, it is inaccurate information on his credit report and will SUBSTANTIALLY lower his credit score.

I would wait until April and then call for the free annual credit report 1.877.322.8228. If it is listed on his credit reports you will need to dispute the information. I have listed on my web page www.FLORIDACREDITLAWYER.COM under "Articles" sample dispute letters and the exact procedure to follow. If he disputes, and it is verified or the vacated judgment continues to report, then he needs to contact our firm for potential representation.

Please pass on our web page information to your friends and family -- we are here to serve. Any questions, call our office.

FYI - "judgment" is the correct spelling -- don't know why but it is....

Read more
Answered on 1/02/06, 1:10 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Florida