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Judgement Question?? Not sure where to post it at.


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Okay folks heres the question,

If you have been found in default for not showing up in court following a summons concerning an evection from rental property, is it supposed to show up on your credit report? And if it does is it only supposed to show up on the individual who rented the property in the first place?

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If they called you both into court, you definately missed the boat to contest ownership of the rental property agreement to be responsible for the debt.

Yes, they do put these on the credit reports. You need to go to the court house to determine how you were served and if you can get this dismissed if not properly served.

When was the judgment filed?

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Unfortunetly I was called away for the military and the summoms was sent after I had already given my prior notice to move out (30 days in michigan), however I moved out on the fact that no repairs were made due to a, and I am talking huge here, hole in the ceiling. Michigan requires notification and if no action after notification to have repairs made you don't need to give 30 days notice. This all dates from 1999. Have a collection showing up, from a CA that is showing up on the CRA reports. Disputed with CRA's came back as mine. Got a letter from a lawyer stating that the debt is his, Lawyer stated that he would send me copies of judgements if judgement was found on me. No mention or copy of judgement sent by lawyer nor is it showing on my reports, not that of the CA listed on the CRA reports. Sent a DV, taken from above to lawyer, CA and OC, was sent an original copy of lease from 1995 and an itemized bill from 1999, from Lawyer, nothing from CA or OC as of yet. Hope this helps any for your answer to my question.

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I know what you should of done, but it is too late now.

But you should of taken pictures of the property, and had followed this up with a letter in writing notifying the property owner that you wanted repairs made.

This way you would of had the proof this far removed from the damage done already with the collections & potential judgment on this.

You are going to need to seek a lawyer to help you out, if there is any recourse to fight this.

[Edit by kb9tbq on Monday, June 9, 2003 @ 03:14 PM]

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Thanks for the info folks

and yes kb I did take pictures when it happened, I furthermore still have copies of them showing the damages along with the letters I had written to the property manager (unfortunetly the property manager doesnt have those letters or photos anymore)

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Heck this is starting to look sweeter, now you only need to look for the law stipulating that you were allowed to break the 30 day rule when such conditions exist - then go pick youself out a lawyer and present him with all of this information.

CAlawyer thanks, I totally overlooked that part with the service men, that will be of help as well to mention to the lawyer.

You can definately have everything you need to fix this problem now. One question though, when was the judgment actually filed. If calawyer drops back in - he can clarify if you are still within reasonable time to dispute this judgment - (think it is suppose to be a year).

The court house clerk should have form or something of the sort to obtain (or instructions) for filing petition to dismiss the judgment.

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D's Dad:

I didn't have time yesterday to explain the links but you really should check them out. If the Act applies to you, it may be a slam dunk way to get the default lifted. At the time of taking a default, the plaintiff has to certify that the defendant is not on active duty (or jump through lots of other hoops reuiring court orders and the appointment of an attorney to represent your interests). If you were on active duty, someone (or their lawyer) may have signed an affidavit containing a false statement. That is pretty good bargaining power in my book.

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Okay let me explain some more hope it helps.

There was a blizzard. Major damage to roofing of building. Ceiling collapsed in our apartment. Contacted rental office. They sent someone to "look at the damage" 3 weeks later sent out a letter to rental office asking for repairs to be made (I have a copy), 1 week later I get a letter from rental office asking for my patience as due to the unsual amount of snow there is a back log for the repairs to be made, same day I got the letter, sent out another letter asking for the repairs to be made asap, received another letter stating that they were making progress making repairs, however my patience was still needed. Sent a letter stating that since repairs would not be made in a reasonable time (state of michigan stated at the time that no repairs, in response to 2 letters was enough to move out) that I was giving my 30 days notice. Moved out, day after I moved out I received orders from the military for 4 weeks for a school, in which time I was sent a summons to court on an eviction( as my name was on the lease), and found in default (not listed anywhere in my CRA reports). Didnt know anything about it. Contacted the lawyer listed on the eviction letter (stated that he just goes to court and collects his money hoping the people dont show up) and the rental office who stated, we send out eviction notices when we don't get paid, however we show that we did a walk-through of the apartment prior to the eviction notice and there wasn't anyone living there, call our lawyer this might be a mistake. Well 4 years later I get a letter from a lawyer stating that he is "a debt collector" and that the monies owed to the property owner is actually owed to him (sent me a letter along with itemized bill along with lease from 1995) However I show a Collection Agency with a collection account on my reports, CRA's have all validated as being mine, but CA wont respond to my letters, even though I have a letter from a Lawyer stating the debt is owed to him. Lawyer will not respond to my questions as to whether or not he represents the CA or the OC either. That is my problem. My question was if I was found in default for an eviction why doesnt it show up on a CR? And when I get a letter from a lawyer stating that if I respond w/in 30 days to his letter that he will send me everything he has including any judgements against me that he didn't include it? Does that mean there is no judgement that he can prove? And why wont the CA validate a debt (it has been almost 30 days--I have heard they have no time limit to respond to my request for validation of a debt) I look and look at the posts on the site and can find no one else with this problem or questions. Any help would be appreciated. And yes I do know about the ASRA (keeping that one in my pocket until I want to use it) Thanks again for the responses to this post.

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I was sent a summons to court on an eviction( as my name was on the lease), and found in default (not listed anywhere in my CRA reports). Didnt know anything about it. Contacted the lawyer listed on the eviction letter (stated that he just goes to court and collects his money hoping the people dont show up) and the rental office who stated, we send out eviction notices when we don't get paid, however we show that we did a walk-through of the apartment prior to the eviction notice and there wasn't anyone living there, call our lawyer this might be a mistake.

From my understanding - evictions and judgements are two different things. There are data services that does collect this data for re-sell directly to the tennant industry. Does not always show up on the credit reports.

You would want to go to your local court house / county court house, and ask them if they have any records of eviction on you. Get a copy of this for your records if they do.

If not there - might check since you moved for the local court house / county court house, to that appartment area. I have seen eviction - when collecting judgements but it can not be added to a credit report as a judgement if no money was initially sued for.

If after looking at these possible places, I would doubt they did file an evication notice.

Well 4 years later I get a letter from a lawyer stating that he is "a debt collector" and that the monies owed to the property owner is actually owed to him (sent me a letter along with itemized bill along with lease from 1995) However I show a Collection Agency with a collection account on my reports, CRA's have all validated as being mine, but CA wont respond to my letters, even though I have a letter from a Lawyer stating the debt is owed to him. Lawyer will not respond to my questions as to whether or not he represents the CA or the OC either.

This is just a guess, but it may be that this lawyer does not work for either the OC or CA, but that he bought the debt from one of them. So the CA on the credit report should reflect sold or at least zero balance right now.

You can call the CRA and ask specifically for the address & phone number of the CA showing up on the credit report. Might be that you will want to confront the CA straight forward - by calling. And verifying the debt with them directly instead of sending letters - just so you know where they stand, if they say yes, you still owe, then thank them and hang up, if they say no we have no balance the debt was transfered, then ask to who and hang up - that simple.

And when I get a letter from a lawyer stating that if I respond w/in 30 days to his letter that he will send me everything he has including any judgements against me that he didn't include it? Does that mean there is no judgement that he can prove? And why wont the CA validate a debt (it has been almost 30 days--I have heard they have no time limit to respond to my request for validation of a debt) I look and look at the posts on the site and can find no one else with this problem or questions. Any help would be appreciated. And yes I do know about the ASRA (keeping that one in my pocket until I want to use it) Thanks again for the responses to this post.

Might just be that this lawyer did not file the eviction against you; it does not mean one does not exist - most likely it was a prior debt holder if not the OC themself.

DV Letters - are not always honored by the collection / lawyer. And you can't catch them in not reporting a dispute on the collection since the CRAs don't have any tradeline to reflect this, unless he is associated with the CA. If that is the case when you sent him DV letter, and at the same time as disputing with the CRAs - response from the CRAs should reflect account in dispute. If not this is a violation - and if you can link that he is related to the CA. Then you will have them on this if it goes to court.

Usually what others here would recommend would be for you to re-send another DV Letter - but making it 15 days required response from them. I am not much good at this part of the game, but from what we know the lawyer did validate with the contract and itemized billing. But the collection agency did not - but that could also mean that they are not responsible to verify if they no longer own the debt.

Kind of up in the air right now, till you can do some more investigation on your own and make a break through of discovery on who owns this debt.

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