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lwpat, Attorney
Category: Real Estate Law
Satisfied Customers: 25387
Experience:  Practicing attorney with expertise in easements
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I have a forcible entry/ detainer conviction for a house I

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I have a forcible entry/ detainer conviction for a house I was not occupying, but was occupied by my ex-husband. We owned and foreclosed on the property and he was still living in it, I was not, as we were separated and I lived in a different state. How can I get this removed? How was it filed if I was never served or never knew about the claim against me?

Since your name was on the house, they really had no way of knowing whether you still lived there or not. To be sure you always name everyone that is on the lease or deed. Your ex was served and should have notified you so that you could have taken your name off. I assume that this is on your credit report and that is the problem. You can try disputing it with the credit reporting agencies or you can even petition the court to vacate the order since you were never personally served.

Customer: replied 6 years ago.
How do I go about petitioning the court? This is in Virginia and I live in Florida and I'm moving to North Carolina. It was during a rental approval process that this turned up. Do I have to go to Virginia to petition the court?
You will have to draft the petition and then file it with the court. It would be a Motion to Vacate. There is no standard form and this is something that you would have to do on your own. You would need to get a copy of the original court file from the clerk and use the same information.
lwpat and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 6 years ago.
Is it best to find an attorney in VA to do this for me?
You can but it probably will cost you more for an attorney than it is worth. Call and talk to the clerk of court and see if she can suggest something.You may be able to talk to the judge and work something out.

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