I lived with my mother in February of 2009 and was not responsible for rent or any bills and the landlord knew this, but told me I had to sign the lease because I was over 18. In April of 2010 we moved to a different home and I did not know it was because of an eviction because I was never notified, never went to court, and because I was not responsible I had no knowledge. I found out later when I attempted to move into my own apartment in July 2011 that there was an eviction filed and a judgment placed against me for an amount when I requested my credit report after being denied for an eviction. Is there a way to have this removed from my credit history and or to sue the landlord for this?
The credit bureaus are picking up the judgment from the court records, so you are going to have to eliminate the judgment in order to get it removed from your credit history. If you were never served in the eviction case, you can file a motion to vacate the judgment, and then move to dismiss the case. Some landlords are now using the mere filing of an eviction as a reason to bar a prospective tenant, so if you succeed in getting the judgment vacated and the case dismissed, your next step should be to file a motion to have the records relating to the eviction case sealed. There is an advice desk at the Daley Center that may be able to help you drafting these motions, otherwise you may need to hire an attorney.
The above response is not intended to create, nor does it create either an attorney-client relationship or an ongoing duty to respond to questions. It is intended to be solely the educated opinion of the author and should not be relied upon as legal advice. The response given is based upon the limited facts provided by the inquiring person and additional or differing facts might change the response. Attorney is licensed to practice law only in the state of Illinois. Responses are answers to general legal questions and the inquiring party should consult a local attorney for specific answers and advice.
Your signing of the lease more than likely bound you to its terms. You may have some luck disputing it on your credit report if no one replies to your dispute, or at the very least, you may be able to add a statement of explanation.
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