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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I live in California and am 70 years old. I was evicted from

Customer Question

I live in California and am 70 years old. I was evicted from an apartment in 2012 after my work lay off. I paid the landlord back in full plus interest in 2015. How can I clear my credit report and record? Also, how long is this process?
Submitted: 1 year ago.
Category: Legal
Expert:  KJL LAW replied 1 year ago.
Good evening. There's several things that you can do. As a background, The Fair Credit Reporting Act (FCRA) states that judgments must be removed from credit reports after seven years from the date of entry "or until the governing statute of limitations has expired, whichever is the longer period."So after 7 years it should drop off and if not then you can request the credit agency to remove the entry. You can also request in writing to the landlord that they remove the entry because it is paid in full with interest, and if they agree then the credit agencies will remove the negative information from your report. If he entry is not marked as paid in full then you would have to contact the landlord to change the entry to paid in full. The negative impact is less if the negative remark shows paid and satisfied. If there is a judgment then it will take 7 years after the entry of the judgment for it to drop off your credit report, so look at the date of the judgment. I hope this helps.
Customer: replied 1 year ago.
My landlord is willing to help but says does not know how to remove the entry from the records. Stated there are no instructions or forms online how to do this. Please advise.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  LawTalk replied 1 year ago.
Good evening,New Professional here. I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. As you have asked for a phone call, I will offer you that Premium Service and I'll process that offer to you after I get this posted to your question thread.After you accept my offer of the phone call, would you please provide your phone number? After you do that, please send me a quick Reply to let me know that you have posted the number, so I can call you.Thanks in advance,Doug
Customer: replied 1 year ago.
I have decided not to have the live chat. Can you respond instead, in writing, to my follow up question/comments? Thank you.
Expert:  LawTalk replied 1 year ago.
Good morning, I only took your question because you asked for a phone call. If after you receive this note you still do not want a call for just an additional $5, then I will opt out. For what it is worth, I have been a CA licenses attorney for 3 decades and I handle landlord/tenant and real estate law. Please let me know your preference.Doug
Customer: replied 1 year ago.
Thank you for your replying. I would still appreciate a response to my follow up question in writing vs a phone chat either by you or the original attorney. Thank you.
Expert:  LawTalk replied 1 year ago.
I am unable to further assist you in this matter, and I am going to opt out of your question and open this up for other professionals.Your question is being placed back in the question list for other professionals to see, and to respond to. You do not have to stay online for the question to be active. Should another professional pick it up, you should be alerted by email unless you actively disable this feature.There is no need for you to reply at this time as this may "lock" your question back to me, thus inadvertently delaying other professionals' access to it.I apologize for any inconvenience and wish you well in your future.Doug
Expert:  CalAttorney2 replied 1 year ago.
Dear Customer,Thank you for using our forum. My name is***** am another expert on the site.If I understand your question correctly, you have an old Unlawful Detainer that was entered against you, that you have paid off, and your landlord is now willing to have removed from the court records, but you are unsure as to how to do so.Unfortunately this is not commonly done, and it is not easy to do.It is however possible to try.What you are asking the court to do is to "seal" a civil court record. (Courts do not like doing this as it is strongly against public policy of having court proceedings being public - there is a long history to this that may or may not be of interest, but it is basically designed to ensure that people are not prosecuted for civil claims in secret - a lot of bad things happened in English Courts and we try to prevent this by ensuring public records).The relevant rule or statute is California Rules of Court, Rules 2.550 What you can do is try filing a motion to seal the UD action by showing that having the UD on file is prohibiting you from finding reasonable accommodations. As I noted, the statute is strongly in favor of having open records, so your motion must show that there is "no less restrictive means of doing this" - so show that you have tried all other less restrictive means (such as having your landlord write you letters of reference, showing potential landlords the "satisfaction of judgment" from your case file, etc.), and you will also have to show that the UD is directly responsible for your inability to find a new home (so you must bring in letters or documentation from potential landlords denying your application specifically due to the UD).Assuming you are able to bring all of this to the court under the above Rule of Court, in a "Motion to Seal" the court may decide to grant your motion in which case the UD will be sealed from the record.But again, this is considered extraordinary relief and is not often granted (for the reasons identified above).There is no court form for this motion, you must draft your own motion using pleading paper. The Sacramento Law Library has a free template for pleading paper that you can use (I apologize I cannot provide a direct link as it does not come through the chat function properly, but if you search for "Sacramento Law Library Pleading Paper" you will get a link to a word processing version of pleading paper that you can format to match your case, along with instructions on how to use it.