Legal Question in Credit and Debt Law in Virginia
judgment
Capital one has a judgment against me personally when it should be against my business name. (it was a business credit card) How can i change it or have it removed from my personal credit report.
3 Answers from Attorneys
Re: judgment
You can submit a written statement (up to 250 words) to each of the major credit reporting agencies describing this error wih a request that the report be amended to reflect the correct information.
Re: judgment
The time to deal with this was when you were being sued. You should have defended the lawsuit on the basis of their having named the wrong party. Problem is, most Capital One credit card agreements I have seen are personally guaranteed, so you may have been personally liable for the business debt. You also need to look at your business structure. If it was not a corporation or LLC, then you are almost certainly personally liable. I don't think you will be able to get it removed from your credit report, but you can dispute it with the agencies, and as Attorney Hendrickson suggested, submit a statement to all reporting agencies.
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Re: judgment
If the judgment was entered less than six months ago, then move to set it aside and assert your defenses. The judgment would likely have been entered in the county you reside. Contact me directly.