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I was wondering if I have a leg to stand on regarding defamation Eviction Grounds

Discussion in 'Other Residential Landlord & Tenant Issues' started by lamjns2099, Nov 24, 2014.

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  1. lamjns2099

    lamjns2099 Law Topic Starter New Member

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    My Landlord had me in court over late fees. We were able to come to an agreement pending
    I voluntary vacate. The lawyer handling advised me that this would not show up on my credit
    report. Now that I'm looking for a new apartment, this is "surprisingly" showing up on my report
    and making it EXTREMELY difficult to find another apartment. I'm 43, and have been renting
    with no issues ever for over 14 yrs. Do I have any recourse? Is there anything I can do
    regarding them telling me it wouldn't be on my credit report?
     
  2. ElleMD

    ElleMD Well-Known Member

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    If you owed and it was reported to the credit bureaus, there isn't much that anyone can do. You can appeal with the credit bureaus yourself but if you owed the debt and were late, it is not likely they will remove them from your report.

    What lawyer told you it would not be reported (if in fact it had not yet already been reported)? Yours? Theirs?

    In any case, it is not defamation.
     
    Last edited: Nov 24, 2014
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  3. lamjns2099

    lamjns2099 Law Topic Starter New Member

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    It was their lawyer that told me this...
     
  4. army judge

    army judge Super Moderator

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    Here's the problem, OP.
    Any eviction filing is going to be reported.
    I can't speak for the attorney that allegedly gave you an assurance that the matter wouldn't be reported to the credit bureaus, but even if he or she did give you such an assurance, he or she may have not reported the matter to the credit bureaus.
    However, all court filings are reported to the credit bureaus (or the credit bureaus <-bullies that they are-> gather the information themselves), either way it does get reported.
    You are free to supply an explanation of these events, but that normally is useless.
    To the subscribers, all of us debtors are liars anyway.
    One last comment, if any court proceeding is reported, it isn't actionable under defamation, its protected.

    You might get a letter from the landlord and the attorney indicating the matter was settled amicably, you made good on all obligations out of court and nothing remains under dispute.
     
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  5. Betty3

    Betty3 Super Moderator

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    This would not meet the definition of defamation. Sorry.
     

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