[GA] [GA] Can I dispute an eviction on my credit report that violated the Servicemembers Civil Relief Act (SCRA)?
Is it possible to dispute an eviction on my credit report that violated OCGA 15-10-53 and the Servicemembers Civil Relief Act (SCRA)? The landlord swore and affirmed on the petition for writ of possession that I was not a service member, when I was at the time.
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While you can’t get the entry directly removed from your credit, you may be able to file a motion to vacate the eviction judgment (Order Vacating Judgment), which—if granted—would be picked up by the credit agencies. They would then typically remove the entry after a couple of months.
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Is it possible to dispute an eviction on my credit report that violated OCGA 15-10-53 and the Servicemembers Civil Relief Act (SCRA)? The landlord swore and affirmed on the petition for writ of possession that I was not a service member, when I was at the time.
I understand your concern. Were you in fact a service member at the time of the eviction?
Yes, I was.
Lexi, Chatbot
Have you gathered any documentation or evidence to support your claim that the eviction violated OCGA 15-10-53 or the SCRA?
Yes, I have the affidavit for summons of dispossessory with the magistrate stamp, along with signatures and the landlord electronically swearing and affirming that I was not a service member.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
No, that's it.
Barrister
Hello and welcome to the site! My name is Barrister, and I am a licensed attorney. I’m here to help with your situation. I’ve read your post and I’m sorry to hear you’re dealing with this—it can certainly be frustrating and confusing. Were you on active duty at the time? How long ago did this occur?
The eviction was in 2021 and during that time I was a service member. I was going through my documents today and noticed this on the paperwork.
Barrister
Were you on active duty at that time? The SCRA protects those on active duty or attending a service school.
I was active duty.
Barrister
While you can’t get the entry directly removed from your credit, you may be able to file a motion to vacate the eviction judgment (Order Vacating Judgment), which—if granted—would be picked up by the credit agencies. They would then typically remove the entry after a couple of months.
Barrister
Did you actually go to court or was it a default judgment?
Yes, I went to court in my uniform seeking more time but was not provided any.
Barrister
Okay, that actually doesn’t help your case. If you went to court in uniform, the judge would have clearly seen that you were in the military and should have known the SCRA applied. That weakens your position for vacating the judgment based on SCRA violations.
That said, nothing prevents you from filing a motion to vacate the judgment on the grounds that the landlord violated the SCRA. However, since you were aware of the judgment and waited four years to challenge it, a judge may be hesitant to grant the motion based on the delay.
Okay, thank you for your help.
Barrister
You're very welcome—glad I could help. It was my pleasure to assist you.
Barrister
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