How to I remove a debt collection from my credit history?: I had an apartment that flooded twice, had bats that attacked us on our back porch and made our animals sick, and an air conditioning unit with a filter so dirty that you couldn't shine a light through it. I asked for things to be fixed but nothing was done. I withheld rent until things were fixed but ended up being evicted instead. I left with no problems but now I have a debt collection on my credit report and have received one call from the collection agency. I need to fight this in order to get a mortgage loan. I still have pictures and videos from apartment. What can I do to fight this?
Ryan’s answer:
Unfortunately, you waived any defense to the judgment when you didn't participate in the restitution from premises (eviction) case. The complaint alleged you were behind on rent. The fact you were evicted and there is a judgment indicates you either didn't show up to the hearing, you showed up to the hearing but didn't provide evidence of inhabitable conditions, or you did but the judge didn't find in your favor.
You could request the judge to vacate the judgment. You will need an extremely good reason why you didn't show up to the hearing originally. I would only make the request if the judgment was entered recently, about a month or so. Anything longer would likely result in a denial.
Best course of action is to try and settle the debt in order to satisfy the judgment.
My question is on collection's: A colections company called me 12-04-14 at 8:41am.during this conversation I asked that I not be contacted on this matter again. And today 12-12-14 the same company called at 12:52 on the same matter is this action able?
Ryan’s answer: You need to make your request in writing. Another option is to hire an attorney who will do the paperwork for you and represent you if violations continue. In most jurisdictions, after cease communication letter has been sent, the only recourse the collection agent has is to file a lawsuit.
Addition to question - preparing for bankruptcy?: I taught sch.for 30 years. 1-10 yr. retmnt. only, he had me cash in others. There is one credit card I would like to keep & pay off & if car I wld.keep & pay. I am from time bankruptcy is not good. my credit always better. FJ said to sell house, He's living in house. sup.to catch up pmts. he told banker he wouldnt make pmts.. When I found out, I made up pmts.from my disability, kept it 30 days behind, He was in jail for battery & hospitalized for 3 days,he's abusive & controlling & a second life found through phone records.Escort services & mult.hookers-witnessed, reg.2x a week w/marital funds. In& outside. He owns 1/2 of 3 bus.,no Valuat. Done, I reqst. from begin & mediator did.Cancer free 7 yrs. now stg. 4 breast cancer. I have only furn. & pers. belong. Atty.has QDRO done nothing.
Ryan’s answer: I'm not sure what is being asked. The title mentions preparing for bankruptcy. It would be sound advice to talk to an attorney about your financial situation. As there may be divorce issues, your divorce attorney may be able to help you with whatever it is you claim has done nothing.