i need legal advice, sorta - GoFuckYourself.com

Napolean · 06-14-2004, 01:11 PM

when I was 17 I had to go to some psychologist (parents made me).. anyways I went for a few months then started BS'ing so I wouldnt have to go anymore.

few months later my mom and I both get one of those certified letters and it turns out to be a lawsuit.. the psychologist said I never paid a co-pay charge (he never asked and I didnt know), and sued both me and my mom for $250 each.

fucked up part is the court we were supposed to go to was in cleveland.. and we lived in dayton, so needless to say, I didnt goto court and never paid it.

my mom tells me she ended up paying over $750 for the lawsuit and court fees.

the doctor waited until I was 18 before he sued us, and it ended up going to my credit report as some kinda of deliquent payment or somethin..

either way, I cant get credit cards, cant finance a car, cant even get a small loan..

but now I am 21 and I heard that I could get the lawsuit expunged because I was still living at home at the time of the lawsuit, and because it was under my moms insurance.. and the fact she paid, also I should have never even had the lawsuit filed against me.

so does anyone know how I would go about getting this off my credit report?

detoxed · 06-14-2004, 01:12 PM

lawsuit and a collection on your credit report can be 2 separate things? are they?

Napolean · 06-14-2004, 01:16 PM

Quote:

Originally posted by detoxed
lawsuit and a collection on your credit report can be 2 separate things? are they?

never got any calls from collection agencies, theres only one thing on my credit report

twistyneck · 06-14-2004, 01:19 PM

If you were 17 when the debt was created, I think he would be shit out of luck. A 17 year old can't enter into an enforceable contract. The problem is that you were sued when you were 18 and you didn't tell the judge that you were a minor at the time because you didn't go to court.

Nonetheless, a good lawyer might be able to fix this for you. It would be worth your time to talk to one. Sometimes a flurry of nastygrams can make problems like this go away.

Napolean · 06-14-2004, 01:28 PM

Quote:

Originally posted by twistyneck
If you were 17 when the debt was created, I think he would be shit out of luck. A 17 year old can't enter into an enforceable contract. The problem is that you were sued when you were 18 and you didn't tell the judge that you were a minor at the time because you didn't go to court.

Nonetheless, a good lawyer might be able to fix this for you. It would be worth your time to talk to one. Sometimes a flurry of nastygrams can make problems like this go away.

from what ive heard, i shouldnt need a lawyer.. that it would only take a few phone calls to fix.. i just dont know who i am supposed to call.

PrivateEye · 06-14-2004, 01:31 PM

These people can help you cheap ;-)

http://www.lexingtonlaw.com

Napolean · 06-14-2004, 01:38 PM

looks like I need to call up trans credit union and dispute the negative on my report.. im going to try that and see how it goes.

twistyneck · 06-14-2004, 01:42 PM

Quote:

Originally posted by Napolean
from what ive heard, i shouldnt need a lawyer.. that it would only take a few phone calls to fix.. i just dont know who i am supposed to call.

A letter from a lawyer gets attention. A letter or phone call from a deadbeat gets ignored. That is what you are facing.

The judgement is valid because you were 18 when you were sued. You need to get that taken care of first.

Jedimaster · 06-14-2004, 02:04 PM

dude,,you were a minor at the time this occured.

if they screwed with your credit rating,,,talk to a lawyer.

Then file a small claims case for the total amount,,,plus extra to help with your credit rating,,,if they don't show,,,you win.

Jedimaster · 06-14-2004, 02:06 PM

Quote:

The judgement is valid because you were 18 when you were sued. You need to get that taken care of first.

No it's not,,,he was a minor at the time it happened.

And a contract signed by a minor cannot be enforced.

Tom_PMs · 06-14-2004, 02:08 PM

Go to experian, trans union and equifax websites and file your online disputes. They must reply to you within 30 days (which they will) and if they dont, they must by law remove the negative item. However, dont rely on that happening. Be as specific as you can on the form(s) and be thankful that it's not listed as having gone to collections.

Whats your FICO score? Get a secured credit card and make a purchase on it now and then, paying it off promptly. Theres not going to be a quick fix, even if they remove the negative report I hate to say.

twistyneck · 06-14-2004, 02:14 PM

Quote:

Originally posted by Jedimaster
No it's not,,,he was a minor at the time it happened.

And a contract signed by a minor cannot be enforced.

True but the judgement came after his 18th birthday. So he has a valid judgement against an invalid debt. I don't think he can fix that with some phone calls.

06-14-2004, 01:11 PM	#1
Napolean Old school Industry Role: Join Date: Nov 2002 Location: Kettering, OH Posts: 4,327	i need legal advice, sorta when I was 17 I had to go to some psychologist (parents made me).. anyways I went for a few months then started BS'ing so I wouldnt have to go anymore. few months later my mom and I both get one of those certified letters and it turns out to be a lawsuit.. the psychologist said I never paid a co-pay charge (he never asked and I didnt know), and sued both me and my mom for $250 each. fucked up part is the court we were supposed to go to was in cleveland.. and we lived in dayton, so needless to say, I didnt goto court and never paid it. my mom tells me she ended up paying over $750 for the lawsuit and court fees. the doctor waited until I was 18 before he sued us, and it ended up going to my credit report as some kinda of deliquent payment or somethin.. either way, I cant get credit cards, cant finance a car, cant even get a small loan.. but now I am 21 and I heard that I could get the lawsuit expunged because I was still living at home at the time of the lawsuit, and because it was under my moms insurance.. and the fact she paid, also I should have never even had the lawsuit filed against me. so does anyone know how I would go about getting this off my credit report? __________________ Need a programmer? (Desktop/Web Applications) --- Skype: napoleande

06-14-2004, 01:38 PM	#7
Napolean Old school Industry Role: Join Date: Nov 2002 Location: Kettering, OH Posts: 4,327	looks like I need to call up trans credit union and dispute the negative on my report.. im going to try that and see how it goes. __________________ Need a programmer? (Desktop/Web Applications) --- Skype: napoleande

06-14-2004, 01:12 PM	#2
detoxed vip member Join Date: Jan 2003 Posts: 17,798	lawsuit and a collection on your credit report can be 2 separate things? are they?

06-14-2004, 01:19 PM	#4
twistyneck So Fucking Banned Join Date: Jan 2002 Location: Hanging by the neck until dead. Posts: 4,660	If you were 17 when the debt was created, I think he would be shit out of luck. A 17 year old can't enter into an enforceable contract. The problem is that you were sued when you were 18 and you didn't tell the judge that you were a minor at the time because you didn't go to court. Nonetheless, a good lawyer might be able to fix this for you. It would be worth your time to talk to one. Sometimes a flurry of nastygrams can make problems like this go away.

06-14-2004, 01:31 PM	#6
PrivateEye Confirmed User Join Date: Mar 2003 Location: Dirty South Posts: 1,784	These people can help you cheap ;-) http://www.lexingtonlaw.com

06-14-2004, 02:04 PM	#9
Jedimaster Registered User Join Date: Dec 2003 Posts: 2,120	dude,,you were a minor at the time this occured. if they screwed with your credit rating,,,talk to a lawyer. Then file a small claims case for the total amount,,,plus extra to help with your credit rating,,,if they don't show,,,you win.

06-14-2004, 02:08 PM	#11
Tom_PMs Confirmed User Join Date: Jun 2004 Posts: 2,049	Go to experian, trans union and equifax websites and file your online disputes. They must reply to you within 30 days (which they will) and if they dont, they must by law remove the negative item. However, dont rely on that happening. Be as specific as you can on the form(s) and be thankful that it's not listed as having gone to collections. Whats your FICO score? Get a secured credit card and make a purchase on it now and then, paying it off promptly. Theres not going to be a quick fix, even if they remove the negative report I hate to say.