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wrongly evicted

Discussion in 'Other Residential Landlord & Tenant Issues' started by law101ms, Sep 20, 2010.

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  1. law101ms

    law101ms Law Topic Starter New Member

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    I was evicted back in April and now my boyfriend is trying to get an apartment on his own and when they ran his credit score my eviction shows up on his record. I do not know how thats even possible if he was not living with me he was not on the lease, he never sign nothing saying he was a resident living there, He would stay the night but thats about it. the only way i think this even happened was when the process server served me MY PAPERS he had ask me if i was not here was there anyone else he can give my papers to and i said my boyfriends name. he told me it was nothing serious i was just giving him the okay to give my boyfriend my papers if i was not there. I called the attorney who is handing my case to try an explain the mistake they made and he says there is nothing i can do he has to pay the fees over 1000 dollers. IS THIS LEGAL HE WAS NEVER EVEN SERVED IN PERSON??? I have no clue what to do i feel so bad that this is happing to my boyfriend please help me :(
     
    Last edited: Sep 20, 2010
  2. army judge

    army judge Super Moderator

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    Your assumption is probably correct.
    How did you figure it out so quickly?
    Fancy that, huh?

    Your BF should dispute the negative notation on his three credit bureau records immediately.
    Then he should seek a statement from the court indicating he was NOT a party to your lawsuit.
    He might ask the court to correct their records, erroneously naming him a party to YOUR lawsuit and eventual eviction.

    In the end, he might need the services of an attorney to assist him in cleaning his credit record and clearing his name.
    Be advised, this will take some time and effort.
    This won't be fixed in one day, one week, maybe even one month; so he need not be deterred.

    It might be easier if he paid the $1,000 to fix YOUR mistake.
    Do you feel bad enough to pay off the $1,000 to help him clear his once GOOD name?
    You should.
    If it hadn't been for you, well you know!

    Your faux pas or innocent statement wasn't exactly as you restate it today.
    You caused your BF much harm in the process.
    He got served for something that should have only involved you.

    There is no need for you to fix it for us on this site.
    But, you sure as heck better fix it with him, before he figures out how this actually happened to him!
    You owe him BIG time, very BIG time!
     
    law101ms likes this.
  3. MorgansDaddy

    MorgansDaddy New Member

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    It should not show up on his credit history, sounds as if he needs to dispute it.
     
  4. MorgansDaddy

    MorgansDaddy New Member

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    You posted that pretty much the same time I posted my post. Guess I am too slow. No, I joke, your post is better anyways.
     
  5. law101ms

    law101ms Law Topic Starter New Member

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    How would he go about disputing the negative notation on his three credit bureaus and how could he get a court statement indicating he was not a party to my lawsuit?
     
  6. law101ms

    law101ms Law Topic Starter New Member

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    And also thank you your advice has already helped me.
     
  7. army judge

    army judge Super Moderator

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    Therein lies the hard part.

    That is where you decide if its worth it.

    It will take weeks to fix this, even if it gets fixed to his satisfaction.

    A lawyer would also cost him $2500-3000 (maybe MORE in CA).

    It might be easier to pay the blackmail of $1,000.

    That way it goes away almost overnight.

    But, before I'd pay, I'd get it in writing that by paying the $1,000; my credit report would be fixed and the eviction goes off my record.

    Does the eviction and black mark show on YOUR credit?

    Or, is he the ONLY one that got screwed in this unusual deal?
     
  8. law101ms

    law101ms Law Topic Starter New Member

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    Yes I'm willing to pay the 1000 myself, i have talked to the attorney handling the eviction he is willing to give him a "Satisfactory." What is that exactly?? and once i pay it off will his credit still show eviction or will is his name be clear again???
     
  9. law101ms

    law101ms Law Topic Starter New Member

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    Yes, the eviction has shown up on my record also. Should I get this letter written by a lawyer or do you have any suggestions as to who should write out this notarized letter? And who has the "power" to take it off his credit report, the attorney handling the eviction or would I have to appeal to someone else with this notarized letter?
     
  10. army judge

    army judge Super Moderator

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    Whatever he is promising, make sure you read the letter, before handing over the money.
    I'd do this in person.

    I'd also ask him to see his law license and bar card.
    If he's a real attorney, he has to show them to you!

    If the letter says what he promised, pay him.
    The satisfactory will remove the eviction by indicating that there was no eviction.
    But, how do you KNOW the "attorney" isn't a "debt collector" pretending to be an attorney just to get money out of you?

    You need to be sure you are communicating with a REAL ATTORNEY and not some scavenger, debt collector.

    I think you can search online and see if he/she is in good standing and amember of the Florida Bar.

    Be advised, some debt collectors use the names of crooked, shyster attorneys to scam money form people.

    You need real proof before you pay.

    Yes, if this is legitimate, it should cure your problem, too!
     

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