judgment_pain

Judgment for breaking lease

5 posts in this topic

I have not frequented these forums in many years. I used to be a pro and have helped many people out. It has been so long that I can't remember my username. Now I am all rusty.

I lived in VA and then obtained a job in PA then rented a house in PA. The employer suddenly decided to make the job remote and allowed me to work in Virginia. 

I decided to move back to VA and a hire a lawyer to help me negotiate breaking the lease. I wasn't so lucky. The landlord decided to take it the whole 9 yards and refuse any settlement while taking it to court. 

The landlord was granted a judgment in Pennsylvania Magisterial Court. I was rather surprised since the attorney provided evidence that repairs were not being made which is supposed to be a breach of contract in Pennsylvania. 

It is my understanding that a judgment can now be removed if it doesn't contain "x" "y" and "z". Good luck for those before me, but I am going to doubt they will miss it in my case. I also hear that Magisterial judgments don't make it to credit reports sometimes. Not holding my breath.

I guess that I am in waiting mode, but want to stay proactive. This shouldn't be too difficult since this will be my only derogatory on my credit report. I am thinking of using the part of the FCRA where credit bureaus never notify you in writing within "x" amount of days of the insertion of negative information. I used to take CRAs to the small claims over that and get them to settle outside of court.....maybe that still works if it is still law?

Maybe a preemptive motion to vacate? I don't know much about Pennsylvania Law.

Thanks for any pointers.

 

 

 

 

 

 

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What does your attorney have to say?

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On 5/25/2017 at 10:19 AM, Harry Seaward said:

What does your attorney have to say?

What a cliche response. If my lawyer had anything to say do you think I'd be here? Wow things have gone downhill on these forums.

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On 5/24/2017 at 9:31 AM, judgment_pain said:

I am thinking of using the part of the FCRA where credit bureaus never notify you in writing within "x" amount of days of the insertion of negative information.

The law doesn't work that way.  If you dispute and item AND it is removed the bureau(s) must notify you within 5 days that it will be re-inserted. There is absolutely no requirement they notify you before a negative trade line is inserted.  There is no requirement they notify you at all.

On 5/24/2017 at 9:31 AM, judgment_pain said:

I used to take CRAs to the small claims over that and get them to settle outside of court.....maybe that still works if it is still law?

That nonsense used to work early on in the recession when CAs were over whelmed with the melt down.  They have since tightened up the processes and it no longer works.  In fact many CAs carry insurance for these kind of claims now and fight them tooth and nail.

11 minutes ago, judgment_pain said:

What a cliche response.

It is a legitimate question.  You had an attorney represent you in the entire matter.  That would be the first person I would be questioning with regards to the impact of the judgment.

On 5/24/2017 at 9:31 AM, judgment_pain said:

Maybe a preemptive motion to vacate?

You have no legal basis for a motion to vacate.  Especially in light of the fact you were properly represented by counsel in the suit.

On 5/24/2017 at 9:31 AM, judgment_pain said:

It is my understanding that a judgment can now be removed if it doesn't contain "x" "y" and "z".

The bureaus have agreed that public records which do not include 3 of 4 points to clearly identify the consumer will be removed from reports.  The  major points would be name, DOB or SS#, and address.   The bureaus must also verify the information/amount every 90 days to keep reporting.

On 5/24/2017 at 9:31 AM, judgment_pain said:

I also hear that Magisterial judgments don't make it to credit reports sometimes.

Judgments are public records.  Whether it makes it to your credit report or not depends on whether the search bots the bureaus use find the judgment and can match it to your consumer record in their files.

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1 hour ago, judgment_pain said:

What a cliche response. If my lawyer had anything to say do you think I'd be here? Wow things have gone downhill on these forums.

Take it easy. You said you had a lawyer. I was curious if you fired him or were just looking for a second opinion. 

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