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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
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Experience:  Attorney and Real Estate broker -- Retired (mostly)
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How do I go about getting an eviction off of my credit report?

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How do I go about getting an eviction off of my credit report? the lady that filed said she wasn't going to file, but it went through anyway and now I'm having difficulty getting a place to live. her words to me were, "well I'm sorry, I didn't know it would go through." Please help me.
Submitted: 5 years ago.
Category: Real Estate Law
Expert:  socrateaser replied 5 years ago.

Only two ways:

 

1. Arrange with the landlord to have the entry deleted from your report as a clerical error. You will probably have to offer the landlord money to get this to happen.

 

2. Wait seven years for the entry to fall off on its own.

 

 

socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 34675
Experience: Attorney and Real Estate broker -- Retired (mostly)
socrateaser and 7 other Real Estate Law Specialists are ready to help you
Customer: replied 5 years ago.

Okay...so far U didn't tell me anything I didn't know. I am to assume that a selfish, shady person would take time out of her daily whatever to admit she screwed up my credit. Okay look at the situation. I live in san Antonio, Tx and My mom lived in Los Angeles, CA. She had cancer and I was the only one of my sibling that could take care of her and that I did. Before my mom died she asked the landlord if I could stay in the apartment until I get things together...the lady agreed. My mother died in October of 2006.

The landlord agreed to let me stay so I paid my moms rent of $500 until her actual lease was up in December, 06. then the landlord said since the lease was up (because of the market value of the property) she would charge me $650 a month to stay until I decide on what to do and how to tend to my moms things. after 3 months I still hadn't decided on if I would stay in Ca. or go back to Tx. she asked and I said I don't know what to do with my mothers things. I had a boyfriend and he stayed over from time to time and she wanted me to sign a lease and put him on it, but I said no. he will not be moving in. so she asked that I pay $1000 in April 07...so I did. She said, "Maybe that would help me to make my decision sooner." So I paid her. Then she went on to say, " if U haven't decided in May then U'll pay me $1500." I said whatever.

On May 4th, 07 my boyfriend had a stroke. The rent was due by the 6th. The landlords brother lived on the property and he told me to go ahead and pay the original $650 and he would take care of it. My boyfriend died on the 7th of May.

She said she was sorry for both of my losses and asked what I would do. I told her I would leave as soon as I get rid of all my mother's things. I mourned for the month of May and June and in July I started getting rid of my moms things and she knew it. towards the end of the month she asked if I would be there come the next month I told her no. she felt that she would pressure me to move by threatening me with an eviction. she knew I didn't have any and never wanted any.

I told her I would be out before the rent is due in August. around the first of August she gave me a notice of eviction. I was floored! She said to me that if I'm gone she won't put it thru. I told her that the apartment was 85% empty. A few days later the sherrifs knocked on my door to serve me. I opened the door and showed her (the Officer) that the apartment was empty and I was cleaning it up. She said she would report that I moved out. Then when I was done cleaning and turned in the key, the landlord said I was good and wouldn't have an eviction.

So I went back to Tx and thought that everything was good. When I decided to get my own place I found out there was an eviction on my credit. Not cool.

So I ask again...What can I do to get the eviction off of my credit?

Expert:  socrateaser replied 5 years ago.

You could check with the clerk from the court where you were served and see if a judgment of possession was ever filed in the case. If it wasn't, then you weren't evicted and you can file a written dispute with the three major credit reporting agencies.

 

If the judgment was filed, then that's what has shown up on the credit report. And, in that case, you can't even get the landlord to take the entry off your report, because the entry is being "pulled" by the credit agencies from the court record.

 

In which case, you would have to move to set aside the judgment of possession, on some lawful grounds, the only one of which I believe would work would be based on an agreed stipulation between yourself and the landlord that the judgment was a mistake, and that you and the landlord inadvertantly failed to move for dismissal of the action.

 

 

Customer: replied 5 years ago.
Okay, so let me make sure I got this...The Eviction is on my credit report, because I can't get an apartment. So I'd have to tell that landlord to get with her lawyers to file and say that the eviction was a mistake on her part?
Expert:  socrateaser replied 5 years ago.

If you were served by the sheriff, then the landlord filed a summons and complaint for a judgment of possession, which is a legal order that it's okay to remove you from the premises, but which you are calling an "eviction" (legally the "eviction" is when the sheriff physically removes you from the premises. It's the judgment that the credit reporting agencies care about and report -- not the eviction).

 

So, what probably happened, is you moved, and the landlord requested a "default" from the court, and since you didn't show up to defend, the court ordered the default judgment and the credit agencies picked it up from the court record by computer.

 

So, now you have the bad mark. And, by law, the only way to get rid of a judgment is by having it set aside (meaning to void the judgment). This requires proof either that you didn't have notice of the court action against you (which you did, because the sheriff served you), or, that due to mistake or misrepresenation by the other party, you were unable to have a fair trial of your case.

 

This means that you must get the landlord to agree that there was a mistake, because if you have to prove it in court, it will cost you a fortune and you may not succeed. Set asides are VERY tough to get. But, if the landlord agrees, then you can submit a joint motion to set aside to the court, and the judge will probably just set it aside, rather than inquire as to why, because if both the defendant and plaintiff agree that the judgment should be set aside, then why should the judge care?

 

Complicated, yes, but that's my take on the "sitcheachen!"

 

 

Customer: replied 5 years ago.

Okay, I have the botXXXXX XXXXXne pretty much. I thank U and I suppose now I can let go of the $20 dollars. Where can I get a copy of this conversation so I don't forget what I need to do. Got too much on my mind lately to retain anything...lol.

On the next I will clicc accept...lol.

Expert:  socrateaser replied 5 years ago.

The link to this thread is: http://www.justanswer.com/questions/1qg99-go-getting-eviction-off-credit.

 

Just cut and past or print or whatever is your pleasure.

 

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socrateaser
socrateaser
Real Estate Lawyer
34675 Satisfied Customers
Attorney and Real Estate broker -- Retired (mostly)