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.


Asked on 3/31/09, 12:51 am

3 Answers from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

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.

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Answered on 3/31/09, 9:51 am
David Gibbs The Gibbs Law Firm, APC

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.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.

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Answered on 3/31/09, 12:23 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

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.

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Answered on 3/31/09, 1:47 pm


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