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socrateaser, Lawyer
Category: Legal
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Experience:  Retired (mostly)
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How do I get an unlawful detainer off of my record in ca The

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How do I get an unlawful detainer off of my record in ca? The landlord and I went back and forth and I have a $2000 judgement against her which she refuses to pay...While in court we both agreed that i would be out at a certain date which I was, and the UD would not go on my record...However, I applied to rent a place 2yrs later and it showed up...I've been out on the road for close to two years but now need to rent a place...The place was a scam from the get go when she took over $2000 in rent and deposits, cashed them and then two weeks later told me I was being evicted...I had an original attorney who worked on this and got a $2000 judgement against her, but she is out of state and will not pay...In addition, we believe at the time she was in the process of going into foreclosure.At any rate, I couldn't afford the attorney any longer and went into court myself...Were we both agreed I would vacate by a certain date which i did. However somehow, it's on my record in the court....Of course i was turned down for the property...


Submitted: 7 years ago.
Category: Legal
Expert:  socrateaser replied 7 years ago.

If a judgment of possession was not entered against you by the court, then you can dispute the entry on each of your credit reports by writing to the credit reporting agency and explaining the situation. You can also demand that the landlord remove the credit entry immediately, and if she doesn't, then you can sue the landlord for violating the Fair Credit Reporting Act, for actual damages or $1,000, plus attorney's fees and costs of suit.


If a judgment of possession was entered against you by the court, then it doesn't matter if you obtained a judgment against the landlord, because your credit report accurately discloses the judgment.


In which case, you might want to negotiate with the landlord, by offering to remove the judgment against her from her credit report, in exchange for her removing yours.


Assuming she agrees, you could each file a motion to set aside and dismiss judgment in each of the preceeding cases, and the other party could consent and then the credit reporting agencies would automatically delete the judgment entries on your respective reports.


That about covers the possibilities. Hope this helps.


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Customer: replied 7 years ago.

Could you look at the court record and tell me if in fact what was entered?


The case number XXXXX the San Diego Superior Court is 37-2008-00038584-CL-UD-NC


I just looked it up online but am not sure what I am reading....


Gregory S Hagen

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