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How do I clear an eviction from public record? I have an…

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How do I clear an...
How do I clear an eviction from public record?I have an eviction filed against me that's on public record and preventing me from getting new tenancy. The eviction was filed about 6 years ago in Oakland, CA. I was subletting from an unethical leaseholder who misrepresented the property. I paidreduced rent and they withheld my deposit and destroyed my property while I was moving out. I would like to:
- recover my deposit
- recover damages from lost work and destroyed computer equipment
- clear my record of the evictionPotentially relevant details:
* I received no service that there was an eviction hearing, consequently did not attend the eviction hearing
* I suffered losses from being unable to work and destruction of my computer equipment
* I left because they had a disruptive full time live in girlfriend that was not on the lease or supposed to be there full time
* They got a chihuahua that barked constantly making work and rest impossible
* The leaseholder insulted me, physically threatened me and spit in my face
* I have record of discussions about the various issues over email and text messages
* The leaseholder tried to sue for non-payment of rent, and lost
* They subsequently filed eviction without serving me documentsI am quite distressed to be thinking about this difficult period again. There are few people I loathe as much as the guy who screwed me over as much. I hope to resolve this as quickly and fairly as possible. To me this means recovering my deposit, compensation for losses to work, computer equipment destroyed by him, and clear my record of the eviction.I hope that's clear and relevant information. I'm interested in experts who can help me discover:
- What are options for affordable representation to achieve my goals?
- How would I go about this on my own? I.e.:
- What are the speciific steps I need to take in the Oakland court to clear my record and recover deposit and damages? I.e.
- Which forms?
- How to prepare my case?
- Can I pursue this in another county (my local court) where I am currently residing?Thanks in advance, any guidance is greatly appreciated!
Submitted: 11 months ago.Category: Landlord-Tenant
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Answered in 31 minutes by:
8/3/2017
Lawyer: S. Kincaid, Attorney replied 11 months ago
S. Kincaid
S. Kincaid, Attorney
Category: Landlord-Tenant
Satisfied Customers: 2,567
Experience: Experience working with evictions, subsidized housing issues and mobile home issues.
Verified

There are two ways an eviction shows up on your record in California. One is on your credit report. The other is through a private "unlawful detainer registry" that a private company sells to landlords based on court records. It is virtually impossible to get your name off the registry as that is a private agency and not subject to any governmental regulations. Possibly, if you were able to get your case dismissed or you won your case, you could sue for defamation, depending upon what is stated on the registry. Sometimes, it only states that an eviction was filed (which is true) and not that the landlord won the case.

In your case, it sounds like your landlord did win the case, so in order to do anything, you would need to vacate the order against you. If you are able to vacate it, you could provide that court order vacating the eviction to your credit agency, and demand that the registry remove your name or you will sue for defamation. Here is the only way you could get it vacated based on the information you have provided me:

If you were not legally served (and service can be done in a variety of ways, so I'm not sure if you were legally served or not) then the unlawful detainer order and all related orders are void. You would have to file a motion in court to ask the judge to declare the orders void and vacate them. You would need to prove that you were not legally served. In order to verify that you were not legally served, you need to get a copy of the Proof of Service from the court file and see how it claims you were served. There are ways they could have served you where you wouldn't have known about it, so it's important to look at the file and see what they're claiming. Here are the five possible ways they could have legally served you, some of which you might not know about:

If you review the proof of service and believe you can prove that you were not served, you would file a Motion to Vacate the Judgment and Set Aside the Default. You would set a hearing date and serve the other party with all your court documents including notice of the hearing date. The judge would then decide whether or not you were served, and if not, the judge would be required to vacate the orders against you. At that point, the case could still go to trial but at least you would have the right to participate in the proceedings.

Do you have any other questions?

  1. Personal service:

    This is when the process server gives a copy of the summons and complaint to the defendant in person. This is the type of service the court likes the most. It’s valid on the day it’s delivered.

    A defendant can’t avoid personal service by not taking the summons and complaint. The server just has to say they’re a process server and tell the defendant they’re being served. Then they can leave the papers as close to the defendant as possible.

    If the process server can’t tell if the person who refuses the paper is the defendant, they can do a substitute service.
  2. Substitute service:

    In general, the process server has to wait until a process server tried 2 or 3 times to serve the defendant in person without success.


    Substitute service is complete 10 days after the process server mails the summons and complaint.

    The server would have to give a copy of the summons and complaint to an adult who’s in charge where the defendant lives, and mail another copy of the summons and complaint to the defendant at the same place where you left the first copy.
  3. Mail a notice and acknowledgment of receipt:

    This is when the landlord mails a copy of the summons and 2 copies of a Notice and Acknowledgment of Receipt . The landlord must also send a return envelope addressed to the plaintiff with stamps on it.

    The service is complete only if the defendant fills out the “acknowledgment of receipt” and mails it back to you.
  4. Posting and Mailing:

    The landlord can apply to the court, based on a declaration from the process server that says they tried to serve the defendant in person and by substitute service, to post a copy of the summons and complaint at the property in a way that the tenant’s most likely to see and sends a copy by certified mail to the last place the defendant lived.

    This service is done 10 days after the post and mail.
  5. Certified mail:

    If the Defendant provided a Notice of Intent Not to Abandon, the process server can mail the summons and complaint to the defendant by certified mail. They have to send it to the address on the defendant’s Notice of Intent Not to Abandon.

    The service is complete 10 days after the server mails the forms mailing.

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