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Spacecadet50

Judgement On Credit Report

34 posts in this topic

Back in December 2011/January 2012, I was having financial issues and was about to be evicted. Ended up going to court and we reached agreement - I would pay what I owed, court fees by specific date (January 1). I paid everything current on December 30th and thought things were fine. While at court and discussing agreement, I asked if I needed to do anything else after I paid and was told no.

Go forward two weeks, I received letter that judgement was entered against me for the amount I paid! I went to courthouse and they stated I needed to contact attorney. They wouldn't remove it and in my frustration, just left it. Eventually I tried again and sent proof that I paid and they needed to remove it. They took it off of my credit report, but I find that its still showing up when it comes to renting. I was going to move, but it came up and I plan on moving in February and concerned it will show up again.

Is there anything I can do to get this off of the rental agreement websites?

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1 hour ago, Spacecadet50 said:

Is there anything I can do to get this off of the rental agreement websites?

It's not on any "websites". It's apparently showing up when a potential landlord runs your info through a reporting agency specific to rental history, or possibly LexusNexus. You need to find out exactly where the landlords are finding the derogatory info, and then dispute it with those reporting agencies. 

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8 hours ago, Harry Seaward said:

It's not on any "websites". It's apparently showing up when a potential landlord runs your info through a reporting agency specific to rental history, or possibly LexusNexus. You need to find out exactly where the landlords are finding the derogatory info, and then dispute it with those reporting agencies. 

There was one that I disputed, but they wouldn't remove it. Claimed they "updated" it by documenting it was dismissed in 2017. They were called Onsite. I told them everything and they wouldn't remove it.

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10 hours ago, Spacecadet50 said:

I told them everything and they wouldn't remove it.

They don't have to remove it. Just report it accurately. If you broke your lease and were late paying, even if you eventually paid what you owed, they can still report that you broke your lease and made late payments. 

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Not being argumentative, but they're reporting the judgment which shouldn't have been entered. I paid what I owed BEFORE the date we agreed to at court. Although it took me sometime, after presenting that information (along with back up documentation) they removed it from my credit reports. I'd like to think that what their listing would be incorrect.

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51 minutes ago, Spacecadet50 said:

Not being argumentative, but they're reporting the judgment which shouldn't have been entered. I paid what I owed BEFORE the date we agreed to at court. Although it took me sometime, after presenting that information (along with back up documentation) they removed it from my credit reports. I'd like to think that what their listing would be incorrect.

Is the judgment still on record with the court?

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45 minutes ago, BV80 said:

Is the judgment still on record with the court?

If I enter the case number, it comes up but shows that it was dismissed.

 

02/14/2017 ORDER VACATING DEFAULT AND DEFAULT JUDGMENT AGAINST (XXXXXXXXXXXX) SIGNED AND FILED .

02/14/2017 COURT ORDERS CASE DISMISSED WITHOUT PREJUDICE

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3 hours ago, Spacecadet50 said:

they're reporting the judgment which shouldn't have been entered.

How are they reporting the judgment?  Have you actually seen what's showing on the report?

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4 hours ago, Harry Seaward said:

How are they reporting the judgment?  Have you actually seen what's showing on the report?

It used to be on my credit reports, but when it was dismissed they removed it. They show with one of the rental companies I dealt with (On-Site). I have a copy of that. It also came up when qualifying to buy, but not sure what it's showing on.

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13 hours ago, Spacecadet50 said:

They show with one of the rental companies I dealt with (On-Site). I have a copy of that.

And what does it say? 

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3 hours ago, Harry Seaward said:

And what does it say? 

I copied what it shows on On-Site rental report they sent me below. Two entries.

 

Landlord Tenant Court Records Date Filed Case Type Court Case Number Notice Type 1/2012

CIVIL ACTION FOR POSSESSION LOS ANGELES CASE NUMBER

Judgment Judgment Amount Status Amount Paid DISMISSED 2/14/2017

Defendants NAME Address Comments ADDRESS Plaintiff Plaintiff Phone # NAME

**********************************************************************************************************

Date Filed Case Type Court Case Number Notice Type 11/2011

CIVIL ACTION FOR POSSESSION WEST COVINA/CITRUS CASE NUMBER

Judgment Judgment Amount Status Amount Paid FOR PLAINTIFF 1/9/2012 $3,623.00

Defendants MONICA MARTIN SIDNEY WARE Address Comments ADDRESS Plaintiff Plaintiff Phone # ADDRESS Plaintiff Attorney Plaintiff Attorney Phone # NAME

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1 hour ago, Harry Seaward said:

Which part is inaccurate?

In my opinion, the fact that it is even on there. I paid what was agreed prior to the due date and no judgement should have been entered.

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1 hour ago, Spacecadet50 said:

In my opinion, the fact that it is even on there. I paid what was agreed prior to the due date and no judgement should have been entered.

Where it states “judgement, judgment amount”, are you saying it shows that there was a judgment, and it lists a judgment amount?

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21 minutes ago, BV80 said:

Where it states “judgement, judgment amount”, are you saying it shows that there was a judgment, and it lists a judgment amount?

Yes. That is exactly what is showing on the report from rental company (I copied it). It was on my credit report, but I was able to get it removed.

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5 minutes ago, Spacecadet50 said:

Yes. That is exactly what is showing on the report from rental company (I copied it). It was on my credit report, but I was able to get it removed.

I could be mistaken, but it seems to me that they got that information from the court records.  Have you checked to see if that is what is reported by the court?

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6 hours ago, Spacecadet50 said:

I copied what it shows on On-Site rental report they sent me below. Two entries.

 

Landlord Tenant Court Records Date Filed Case Type Court Case Number Notice Type 1/2012

CIVIL ACTION FOR POSSESSION LOS ANGELES CASE NUMBER

Judgment Judgment Amount Status Amount Paid DISMISSED 2/14/2017

Defendants NAME Address Comments ADDRESS Plaintiff Plaintiff Phone # NAME

**********************************************************************************************************

Date Filed Case Type Court Case Number Notice Type 11/2011

CIVIL ACTION FOR POSSESSION WEST COVINA/CITRUS CASE NUMBER

Judgment Judgment Amount Status Amount Paid FOR PLAINTIFF 1/9/2012 $3,623.00

Defendants MONICA MARTIN SIDNEY WARE Address Comments ADDRESS Plaintiff Plaintiff Phone # ADDRESS Plaintiff Attorney Plaintiff Attorney Phone # NAME

Okay, I could be wrong but I think you are misinterpreting what these entries say.  It was 2 separate actions.  One for the financial damages i.e. rent owed, late fees etc.  The other for actual possession of the unit.  You need to find out why one action has a date in 2012 and the other in 2017.  That makes no sense.  If it is a clerical error then these entries may be correct under California law.  You would need to consult a lawyer familiar with LL/Tenant law there but it may be that because the actions were filed it reports as a paid judgment because it is a LL/T issue not strictly credit.  

The problem you are going to have from the perspective of rental sites is that the information you want suppressed is vital to landlords considering renting to you now.  It would directly affect their decision.  Find a lawyer familiar with CA law on LL/T issues.

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37 minutes ago, Clydesmom said:

Okay, I could be wrong but I think you are misinterpreting what these entries say.  It was 2 separate actions.  One for the financial damages i.e. rent owed, late fees etc.  The other for actual possession of the unit.  You need to find out why one action has a date in 2012 and the other in 2017.  That makes no sense.  If it is a clerical error then these entries may be correct under California law.  You would need to consult a lawyer familiar with LL/Tenant law there but it may be that because the actions were filed it reports as a paid judgment because it is a LL/T issue not strictly credit.  

The problem you are going to have from the perspective of rental sites is that the information you want suppressed is vital to landlords considering renting to you now.  It would directly affect their decision.  Find a lawyer familiar with CA law on LL/T issues.

The entry for 2017 is when they removed the judgement. That's when I went back to attorney handling for apartment and showed proof they filed wrong. This is why I am trying to clear this up - I am planning on moving in March. Worried this will be an issue.

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15 hours ago, BV80 said:

I could be mistaken, but it seems to me that they got that information from the court records.

@Spacecadet50 this is what I believe as well. I assumed you had already seen the court records and knew this is how it's showing.

If it did come from the court, and you believe those records are wrong, you have to go back to the court to get it corrected there, and then dispute it with OnSite or whoever is providing the info to potential landlords. 

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1 hour ago, Harry Seaward said:

@Spacecadet50 this is what I believe as well. I assumed you had already seen the court records and knew this is how it's showing.

If it did come from the court, and you believe those records are wrong, you have to go back to the court to get it corrected there, and then dispute it with OnSite or whoever is providing the info to potential landlords. 

If understanding you correctly, yes I knew that this showed on court records. One of my posts above is what I copied (online) directly from court records. I've disputed with OnSite and they only changed it to what I pasted above (directly from their report/decision from my disputing). That's the one with the two entries.

I'll try to go back to courts or talk to an attorney.

 

 

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1 hour ago, Spacecadet50 said:

If understanding you correctly, yes I knew that this showed on court records. One of my posts above is what I copied (online) directly from court records. I've disputed with OnSite and they only changed it to what I pasted above (directly from their report/decision from my disputing). That's the one with the two entries.

I'll try to go back to courts or talk to an attorney.

 

 

If you cannot get anywhere with the court, a consultation with an attorney is a good idea.  He/She would know how to correct the record. 

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When you settled and they dismissed the suit, did you sign a settlement agreement?  If yes, read that agreement and tell us what it says regarding costs to enforce the agreement.  HOPEFULLY, they included that BOTH parties are entitled to attorney fees and costs to enforce the settlement agreement.  If it does, I would find a consumer attorney and bring that settlement agreement to them.  They may agree to help you sort this out on contingency based on the fact that the other side will pay your attorney since they would have failed to properly file the dismissal with the court in accordance with that agreement.

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On 10/2/2018 at 3:21 AM, fisthardcheese said:

When you settled and they dismissed the suit, did you sign a settlement agreement?  If yes, read that agreement and tell us what it says regarding costs to enforce the agreement.  HOPEFULLY, they included that BOTH parties are entitled to attorney fees and costs to enforce the settlement agreement.  If it does, I would find a consumer attorney and bring that settlement agreement to them.  They may agree to help you sort this out on contingency based on the fact that the other side will pay your attorney since they would have failed to properly file the dismissal with the court in accordance with that agreement.

The documents were written up and signed at court. That's when I asked if I needed to do anything else after I paid. They told me nothing else needed to be done.  What I paid included attorney fees/costs. 

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18 hours ago, Spacecadet50 said:

The documents were written up and signed at court. That's when I asked if I needed to do anything else after I paid. They told me nothing else needed to be done.  What I paid included attorney fees/costs. 

I'm asking what you signed.  What did the settlement agreement say?

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