We gave a 30 day notice to Management & moved out by the 5th of the month (over 2 1/2 years ago). We did not pay the five days rent. Apparently the Management filed an Unlawful Detainer the following month. We filed Bankruptcy a year & half ago and learned of the Unlawful Detainer for the first time. The Bankruptcy has been discharged and the balance is $0.00. We can't rent now because of the Unlawful Detainer on our Credit Report, even though the debt has been satisfied. What can we do to clear this from our Credit Report?
Lawsuit / Dispute Attorney
You will need to set aside the default judgement on the basis that you were never served and that you had already vacated the premises, when the landlord-tenant action was filed. Thus, it was improper for landlord to have filed that type of case, when you had already left. I am concerned about timing, however, as many judges refuse to set aside, if default was obtained more than two years ago. Courts often deny relief if the defendant has learned about it and did not promptly file papers, such as within three to six months of learning of default judgment. It will be most difficult to get this off your credit reports for several more years, unless the judge vacates the default judgment.
Robert Stempler (please see DISCLAIMER below)
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This is more a question of the Fair Debt Collection Practices Act (FDCPA) and the Fair Credit Reporting Act (FCRA).
Generally speaking, if you did not pay the rent and the landlord reported the fact to the credit reporting agencies (CRA), then the fact that the rent was unpaid can be reflected on you credit reports.
Once a bankruptcy is filed the CRA is supposed to report a zero balance owed so that potential lenders know that this is not a debt incurred post bankruptcy, or a debt that was reaffirmed in the bankruptcy.
If the CRA is not reporting a zero balance you would need to send a letter to it advising of your bankruptcy and that the amount should be shown a a zero balance, but the CRA can continue to show that this debt existed.
The information provided is not intended as legal advice. No Attorney/Client relationship is intended, implied or created.
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