I had an UD filed against me back in 2008. I used a legal clinic to help me file my answer. The day of the trial the attorney for the plaintiff discovered there were no grounds for an eviction since I had already been out of the dwelling as well as was a victim of an illegal lockout. Additionally, there were heating issues (complaint filed w/the city). The outcome of the trial from my understanding was that I basically won. However, I recently learned that the eviction is still active and unsealed. What can I do about this if anything? I would appreciate any and all help with this matter. Thank you for your time.
When I went online to check the status of this case the record states "vacated". I would like to know what this means and what steps I can take at this point if any to clear this from my record, as it is having a negative impact on my rental history. Should I contact the attorney of record and request he dismiss the case?
"Vacated" usually refers to a court ruling that's been un-done. If this ruling that was vacated was a UD judgment against you, then there's no longer a UD judgment against you.
Since UD cases are "summary" cases and are done very quickly so the landlord gets possession back, there's no way that this case is still active 3 years later. Website court dockets can very easily be inputted wrong and never corrected. As for sealing court records, that's not something that's easy to do, since courts consider all UDs and all lawsuits a matter of public record after the 60 day mark. But you should be able to correct the court docket if it's wrong so it shows that the case was dismissed.
Likewise, if you want to challenge the credit bureau's report on this if they still show a UD judgment, follow the instructions at the end of the report. The bureau then has to ask the landlord (or their lawyer) if the entry is correct, and if it's not confirmed in 30 days, it will go off your credit report.
PLEASE READ THIS BEFORE YOU COMMENT, EMAIL ME OR PHONE ME. I'm only licensed in CA. This answer doesn't make me your lawyer, and neither do follow-up comments and/or emails and/or phone calls, and you shouldn't expect me to respond to your further questions if you haven't hired me. We need an actual agreement confirmed in writing before any attorney-client relationship is formed. This answer doesn't constitute legal advice, and shouldn't be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.