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How to clear an eviciton from my record

Discussion in 'Other Debt, Collection, Garnishment' started by Brian777, May 23, 2021.

  1. Brian777

    Brian777 Law Topic Starter Member

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    Jurisdiction:
    California
    A little under two years ago I was evicted (in Los Angeles), and the judgment for the amount in unpaid rent (several thousand dollars) was sold to a collection agency. I'm doing better financially now, and would like to have the eviction removed from my credit record, because I need to move soon. First, is this even possible? If I were to pay the collection agency, would the eviction be removed from my record with the credit bureaus? Second, *should I hire an attorney to handle this for me?*

    What is the process & time frame for this?
     
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  2. flyingron

    flyingron Well-Known Member

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    If the judgment was issued, it will remain on your record for seven years. An attorney isn't going to be able to change anything unless the judgment was improperly issued or the credit bureau report isn't accurate.
     
  3. Brian777

    Brian777 Law Topic Starter Member

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    Then would it make any difference if I pay it off or not?
     
  4. Brian777

    Brian777 Law Topic Starter Member

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    And are you an attorney?
     
  5. adjusterjack

    adjusterjack Super Moderator

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    I don't think Ron is an attorney and neither am I but we've answered that question hundreds of times and the answer is always the same. The judgment is public record and is available to any one doing a background check even if it's no longer on your credit report.

    As for not paying, there is a difference. CA judgments are enforceable for 10 years and can be renewed for another 10 years. It will turn up whenever you apply for credit and be especially painful when you want to buy a house. The balance will keep growing at the stated interest rate. In 10 years you might owe double and in another 10 years double again. When you have a good job your pay is subject to garnishment and your bank account is subject to levy. Non-exempt property is subject to attachment.

    While it's not good to have a judgment on your record it becomes relatively harmless when it shows as satisfied (paid off).

    If you decide to pay it off, you don't need a lawyer. You just need to make sure you get the payoff agreement in writing and a satisfaction of judgment filed with the court.

    Watch this thread for a while. There are a couple of lawyers who participated here that are likely to make a few comments.
     
  6. Brian777

    Brian777 Law Topic Starter Member

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    A payoff agreement in writing and a satisfaction of judgment filed with the court, thank you, that's the answer I was looking for, specifics.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    If you have enough cash you might be able to negotiate a discounted full and final pay off.
     
  8. Zigner

    Zigner Well-Known Member

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    Payment of the money judgment won't remove the eviction from your record. It may still be used by future prospective landlords as part of their decision-making process.
     
  9. adjusterjack

    adjusterjack Super Moderator

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    True. But a landlord might look a bit more favorably to someone who has paid off the judgment.
     
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  10. Zigner

    Zigner Well-Known Member

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    That's a good point. The OP would do well to develop a good rapport with with prospective landlords and make sure they are completely upfront and honest about the circumstances of the eviction.
     
  11. zddoodah

    zddoodah Well-Known Member

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    The first thing you should understand is that the unlawful detainer (eviction) judgment and the money judgment are two different things. Is the judgment that shows up on your credit report the unlawful detainer judgment or the money judgment? A slightly different but related question is whether, if I were to look at your credit report, I would be able to tell that it has something to do with an eviction.
     

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