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My credit file shows: active landlord collection record.. Doesn't landlord have to go to Court to destroy my credit

Anaheim, CA |
Filed under: Credit score

Nov 15 2011 gave 30 days notice to Kern County landlord . Moved most of my possessions out when approved by HUD for new apt in L A on Nov 17 . Told landlord would be back early Dec to settle up . He agreed . When I arrived back I found the rest of my possessions given or thrown away , work / cleaning crew had been there since December 1 Landlord claimed thought apt abandoned .
January 11 , 2012 received via email a bill stating I owed $ 1 , 715 . 95 . Bogus amounts . I wrote back let's go to court . Never heard from him again . Now moving to Orange County , but was denied apt because credit file shows: active landlord collection record posted 10/12 in amt of $ 1716 . I'm disputing it , also contacting other credit bureaus. I'd like to sue in Superior with Atty , rather than Small Claims.

Attorney Answers 3

Posted

No, nor does any other creditor. Your credit report is not a ledger of court actions. It is a repository of your credit and payment history. A consumer who disputes an entry can file a dispute.

Best wishes for an outcome you can accept, and please remember to designate a best answer.

This answer is offered as a public service for general information only and may not be relied upon as legal advice.

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Posted

The answer to your question is No. A credit grantor can report negative information without a court order.

I am sorry to hear about the landlord. You probably should deal with this, but small claims is probably the best venue. You can have an attorney help you prepare your paperwork, but the attorney cannot go into court and speak for you.

Look for a competent, KERN COUNTY eviction defense attorney.

Good luck.

If you need further clarity, please email me at MICHAEL@MIRELAND.US Answers to questions are for general information purposes only and do not establish an attorney-client relationship. This is not legal advice, simply information. You SHOULD NOT act on this information without consulting a competent bankruptcy attorney in your area and providing ALL relevant information.

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Posted

Were you current on your rent? Did you leave a sizable deposit? Did you have a documented agreement with your landlord that the items you left would NOT be discarded? What was the value of your possessions?
If the value of those items is significant, and you had an agreement regarding storage of your items, you may have the basis for a lawsuit based on breach of contract relating to the value of the items.
You would need to determine if it is worth your time and the sizable payment you would likely need for you to retain an attorney to file a civil case in the Superior Court on your behalf.

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