Legal Question in Credit and Debt Law in Illinois

Re: Help w/ Judgement on Credit Report

First things first: Welcome back and thank you for your service.

Now to the mess: under the Soldiers' & Sailors' Civil Relief Act (50 U.S.Code Sections 501-536 and New York Military Law Sections 300-327), you were immune from being sued as long as you were in the active duty military service of the United States. The plaintiff lied in order to get a default judgment. So, soldier, this can be fixed.

Did you have car insurance when the accident took place? If so, then notify your carrier right away: they have a duty to get the judgment vacated. If the insurance company doesn't cooperate, you need to go to the courthouse and ask the clerk for the forms for an order to show cause to vacate the judgment. You will need to get your entry (or activation) and discharge papers to prove when you were on active duty. And you will end up having to sue the insurance company in order to secure a defense (you paid for insurance, you're entitled to this). Of course, at the same time, you have a problem inasmuch as I suspect you did not have your brother arrested for grand theft auto, which is exactly what he did. But first: call your insurance company. I would pick up the forms from the courthouse anyway, since I suspect you're going to need to get the default vacated.

Please let me know how this goes; I may be able to steer you to offices that can give you a hand.