Jump to content

Remove Eviction Filing


LELE
 Share

The last post in this topic was posted 3319 days ago. 

 

We strongly encourage you to start a new post instead of replying to this one.

Recommended Posts

I'm not sure where to post this. I am currently in the process of moving and just found out today that I have an eviction filing on my credit report. The last credit report I pulled was back in November 2014 and there were no eviction filings on those reports. I am stopping by the leasing office tomorrow to obtain a copy of the adverse action. The eviction notice was served to me back in 2010 by landlord due to a misunderstanding and I am currently still living in the same apartment. The case was withdrawn and I have an email from the landlord stating that the case was withdrawn, I also logged onto to the Municipal Court website tonight as well and on their site it states that the case has been withdrawn without prejudice. The problem now is the eviction filing is on my rental history report. This filing is being held against me by future possible landlords. Is this legal? Can an eviction filing be used against you? If so what methods would you suggest trying to remove it? Can I get the public records sealed?

Link to comment
Share on other sites


What state? Best bet is to get the records sealed. The defendant and the plaintiff are required to do this. After it is sealed it should be easy to dispute off. The system sucks!!!

 

Are you in a big city? Many larger city courthouses offer free legal assistance in filling out forms and things of that nature.

 

BTW I am a tenant organizer in Chicago. I should update my signature I suppose.

Edited by pwd847
Link to comment
Share on other sites

What state? Best bet is to get the records sealed. The defendant and the plaintiff are required to do this. After it is sealed it should be easy to dispute off. The system sucks!!!

 

Are you in a big city? Many larger city courthouses offer free legal assistance in filling out forms and things of that nature.

 

BTW I am a tenant organizer in Chicago. I should update my signature I suppose.

 

Are you organizing them so they can buy their own homes?

Link to comment
Share on other sites

I'm not sure where to post this. I am currently in the process of moving and just found out today that I have an eviction filing on my credit report. The last credit report I pulled was back in November 2014 and there were no eviction filings on those reports. I am stopping by the leasing office tomorrow to obtain a copy of the adverse action. The eviction notice was served to me back in 2010 by landlord due to a misunderstanding and I am currently still living in the same apartment. The case was withdrawn and I have an email from the landlord stating that the case was withdrawn, I also logged onto to the Municipal Court website tonight as well and on their site it states that the case has been withdrawn without prejudice. The problem now is the eviction filing is on my rental history report. This filing is being held against me by future possible landlords. Is this legal? Can an eviction filing be used against you? If so what methods would you suggest trying to remove it? Can I get the public records sealed?

 

Possible to get a letter from your current landlord as to their mistake? explain the situation to them regarding the rental history report.

 

if you're relocated because of a job, they shouldn't have any problem with sending that to the new landlord you're trying to rent from .

 

& It all depends if the rental history report was picked up by that reporting agency by examining the court records, or whether your current landlord reported it.

 

if your current landlord reported it, they should contact that agency and delete it.

Link to comment
Share on other sites

Nope. We organize to raise the quality of living conditions, keep affordable housing in gentrifying neighborhoods, and being aware of their rights as a tenant in Chicago.

 

Kind of like the SOL law. It doesn't prevent a suit from being filed. You have to show up and use it as a defense. People are uneducated about this stuff.

Link to comment
Share on other sites

 

Possible to get a letter from your current landlord as to their mistake? explain the situation to them regarding the rental history report.

 

if your current landlord reported it, they should contact that agency and delete it.

The first suggestion is worth a try. Don't get your hopes up though.

 

The second comment is not very probable.

 

Also I forgot to mention that this kind of discrimination is very legal. Sucks doesn't it?

Link to comment
Share on other sites

 

 

Possible to get a letter from your current landlord as to their mistake? explain the situation to them regarding the rental history report.

 

if your current landlord reported it, they should contact that agency and delete it.

The first suggestion is worth a try. Don't get your hopes up though.

 

The second comment is not very probable.

 

Also I forgot to mention that this kind of discrimination is very legal. Sucks doesn't it?

 

 

if they unjustly filed that eviction thru a error that They made, and withdrew it, but then reported it as a derogatory information,

 

you have the makings of a FCRA lawsuit.

 

Rental history reports do fall under the FCRA.

 

http://creditboards.com/forums/index.php?showtopic=500241

 

was this Corelogic?

Link to comment
Share on other sites

 

What state? Best bet is to get the records sealed. The defendant and the plaintiff are required to do this. After it is sealed it should be easy to dispute off. The system sucks!!!

 

Are you in a big city? Many larger city courthouses offer free legal assistance in filling out forms and things of that nature.

 

BTW I am a tenant organizer in Chicago. I should update my signature I suppose.

 

Are you organizing them so they can buy their own homes?

 

 

Nope. We organize to raise the quality of living conditions, keep affordable housing in gentrifying neighborhoods, and being aware of their rights as a tenant in Chicago.

 

Kind of like the SOL law. It doesn't prevent a suit from being filed. You have to show up and use it as a defense. People are uneducated about this stuff.

 

That was a rhetorical question.

Link to comment
Share on other sites

 

 

 

Possible to get a letter from your current landlord as to their mistake? explain the situation to them regarding the rental history report.

 

if your current landlord reported it, they should contact that agency and delete it.

The first suggestion is worth a try. Don't get your hopes up though.

 

The second comment is not very probable.

 

Also I forgot to mention that this kind of discrimination is very legal. Sucks doesn't it?

 

 

if they unjustly filed that eviction thru a error that They made, and withdrew it, but then reported it as a derogatory information,

 

you have the makings of a FCRA lawsuit.

 

Rental history reports do fall under the FCRA.

 

http://creditboards.com/forums/index.php?showtopic=500241

 

was this Corelogic?

 

This is where the legal loophole lies. An eviction filing is not derogatory information. The derogatory information would be listing of an actual eviction. There is nothing wrong with starting the eviction process.

 

Here is an example: I could go to Fairbanks, AK and file suit against defendant A claiming the defendant owes me $1,000,000 for stealing $1,000,000 worth of pennies and nickels from my piggy bank. The suit would be filed and as long as the defendant follows the rules of the court the defendant will win because I completely made up the lawsuit. There will be no judgment, HOWEVER, the filing will still be on record.

 

Criminal information has certain restrictions on it as far as holding it against someone. If you are charged with larceny and found not guilty that cannot be held against you because of the fact that it is a criminal case. Civil cases do not have the same protections.

 

Even though an eviction filing is not technically derogatory, companies still interpret them as such. Simaliar to my recently deleted ChexSystems entry. US Bank had an entry on my ChexSystems report as "Items/checks from another party". This does not contain the word fraud in it because If US Bank claimed fraud I could dispute it off because they could not PROVE I had commited fraud. HOWEVER, whenever another institution that I was applying at saw the entry they would interpret the entry as fraud. Even the computer printout of my application would say denied for possible fraud. It is not illegal for companies to interpret things one way or another in most cases.

 

 

 

What state? Best bet is to get the records sealed. The defendant and the plaintiff are required to do this. After it is sealed it should be easy to dispute off. The system sucks!!!

 

Are you in a big city? Many larger city courthouses offer free legal assistance in filling out forms and things of that nature.

 

BTW I am a tenant organizer in Chicago. I should update my signature I suppose.

 

Are you organizing them so they can buy their own homes?

 

 

Nope. We organize to raise the quality of living conditions, keep affordable housing in gentrifying neighborhoods, and being aware of their rights as a tenant in Chicago.

 

Kind of like the SOL law. It doesn't prevent a suit from being filed. You have to show up and use it as a defense. People are uneducated about this stuff.

 

That was a rhetorical question.

 

I suspected as much but wasn't sure. I have brought this up before with my group and I guess not everyone wants to own.

Edited by pwd847
Link to comment
Share on other sites

The last post in this topic was posted 3319 days ago. 

 

We strongly encourage you to start a new post instead of replying to this one.

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

 Share




  • Member Statistics

    • Total Members
      187956
    • Most Online
      2046

    Newest Member
    ScottJones
    Joined
×
×
  • Create New...

Important Information

Guidelines