Legal Question in Credit and Debt Law in New Jersey

Request to Eliminate Derogatory items in Credit Report

My ex-husband sued me in NJ Small Claims Court for $1769.50. Before the hearing, I tried to settle for $480 but my ex-husband did not agree. The judge ordered me to pay $480 plus court fees of $15.

Recently, I reviewed my credit report and it contains a derogatory item pertaining to the judgement mentioned above, indicating that the judgement has been satisfied.

I feel that I should not have the derogatory item because the amount I was ordered to pay was the same amount I offered to pay in the ammicable settlement, if only my ex-husband agreed to it.

I do not know what actions to take to clear up the derogatory item in my credit report. Should I just contact the credit bureaus about it? Should I request the small claims court to release a document stating that the derogatory item should be cleared out from my credit report? Should I sue my ex-husband for intentionally ruining my credit report and if so, do I have a very good chance of winning?

Please help me because this derogatory item in my credit report is preventing me from giving my son a nice home and a comfortable life.

I thank you all in advance.


Asked on 2/20/02, 5:10 pm

1 Answer from Attorneys
Geoffrey G. Gussis, Esq. Riker, Danzig LLP

Re: Request to Eliminate Derogatory items in Credit Report

I'd have to check the statutes on this (I believe credit reporting is Federal) but from a general legal point of view - if you owed the money and he had to sue you for it what bearing does it have on whether you offered or were held to be responsible for a certain amount? Isn't it the fact that you owe a debt, have not paid it or otherwise defaulted that leads to someone being able to adversely affect your credit? I would think the eventual adjudication of a lesser amount shouldn't affect that premise. However, if the judge said that the debt was invalid then you would probably have a much stronger case for reformation of your credit report.

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Answered on 2/21/02, 3:52 pm


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