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If paying a 2-year old eviction judgment, should I have an attorney handle it?

Discussion in 'Eviction, Recovery of Premises' started by Brachah, Oct 12, 2021 at 11:26 PM.

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  1. Brachah

    Brachah Law Topic Starter New Member

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    Jurisdiction:
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    Just over two years ago I lost an eviction case (I should have won, there's a law that would have provided me with relief but in my distress I didn't file everything that was required with the court). The landlord won a judgment but I was unable to pay at the time, so it went to a collection agency. I need to move again and really want this to be satisfied.

    So today I called the collection agency to ask about a settlement, which I thought was my only option, but they said I had one other option, which was to pay the full amount (principal + interest) and they would do what they called "a courtesy credit deletion", where the collection would be completely erased from my credit report with all three credit bureaus (she said). She also said the landlord would do something to erase the eviction.

    My question is, is this legit? Should I trust them? Would it really be wiped clean from both the credit bureaus AND the eviction court (so as not to show up on a background check by potential future landlords), or is it just a ploy to get the max amount of money from me? Basically I don't trust them, neither the agency nor the landlord, as the eviction was contentious.

    She said if I opt a settlement (reduced amount maybe 20% less) it would still be on my credit file.

    I know I should get everything in writing, but I wasn't even aware that it was possible to have the judgment erased from the credit bureaus (I've never heard of a "courtesy credit deletion") AND erased from my rental history. So I was wondering if I should hire an attorney to handle it so I know exactly what will be done, by whom & when, and that I not be taken advantage of?

    Or is what she told me legit, and I could handle it myself? I have to get family to help pay for it, an attorney would cost a lot more $$ I know but it might be worth it to really get it wiped clean so that it wouldn't show up when future potential landlords won't see that I had an eviction if they do a background check.

    What kills me is that it all happened because I was a mere $20 short one month. Even though I was able to pay all past due rent in full the following month (plus that month's rent), the eviction process had already started and they wanted me out, so I feel like I got swept up in a cold heartless system that showed no mercy even though I was able to become fully current with my rent. It's just as well, the place was a real dump anyway (the landlord's attorney even said "they're a slumlord"!), but still don't want it on my record of there really is a way to get it off.
     
  2. adjusterjack

    adjusterjack Super Moderator

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    It's not against the law for a collection agency to remove the item from a credit report but the judgment isn't going to disappear from the court records. The best you can hope for is a Satisfaction of Judgment filed with the court.

    Frankly, I wouldn't believe either promise. Even if you got it in writing, what will you do if they renege on both counts? Sue them?
     
  3. Zigner

    Zigner Well-Known Member

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    Is the judgment actually showing up on your credit report at all?
     
  4. army judge

    army judge Super Moderator

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    Civil judgments like the one you describe are a debt owed through the court. In the past, the judgment would have become part of your credit report with no action on your part. However, Experian no longer shows judgment and tax lien information as part of a consumer's credit history.

    Bankruptcy is now the only public record information that is collected routinely by the national credit reporting companies, including Experian.

    What's Not Included a Credit Report

    Similarly, a credit report does not include information about income, banking relationships such as checking or savings accounts, or assets such as certificates of deposit, retirement accounts, stock holdings, or real estate.

    There are organizations that may collect some or all of that information, such as debit bureaus that maintain checking account histories, or background checking companies that may collect information from a variety of sources and compile it into a comprehensive report, but they will no longer appear in a credit report.


    Judgments No Longer Included on a Credit Report
     
  5. Brachah

    Brachah Law Topic Starter New Member

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    I saw it on my credit report over a year ago, haven't checked recently.
     
  6. Brachah

    Brachah Law Topic Starter New Member

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    I'm not sure if this is the right category since I didn't have a bankruptcy, but several years ago I opened a credit card with my bank (Wells Fargo), then fell behind and eventually was unable to make payments at all. I just pulled up my credit report and it's listed as being charged off (which I already knew). I'm wondering if it's even possible for me to resolve it by paying off the balance, or is it too late? I was never contacted by a collection agency, was never sued or anything. It looks like the bank just wrote it off (about $2200).
     
  7. adjusterjack

    adjusterjack Super Moderator

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    That's up to the bank. Call up and ask before you do anything.

    What was the date of your last payment?
     
  8. Zigner

    Zigner Well-Known Member

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    Your first step is to check your credit reports.
     
  9. Tax Counsel

    Tax Counsel Well-Known Member

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    Sure, you can always pay the creditor (if the creditor is willing) and then the creditor must update the credit report accordingly. I'm pretty sure Wells Fargo will be quite happy to take your money. :D
     

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