I live in CA and my landlord filed for eviction due to nonpayment of rent. I was served and went to court a month later where the landlord's lawyer and I settled the matter ourselves. I signed a paper acknowledging that I would leave on my own will within two weeks (and I did). Do I have an eviction on my record? I know I owe them money and it is shown on my credit report, but do I technically have an eviction on my record? If so, which record?
2007-02-06 08:57:31 · 6 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
We did NOT go to trial and did NOT speak in front of a judge.
2007-02-06 08:58:07 · update #1
Sounds to me you have at least an unlawful detainer on your credit record.
It will make it tough, but not impossible, to rent property for the next few years.
2007-02-06 13:24:07 · answer #1 · answered by PARKERD 7 · 0⤊ 0⤋
One potential problem you my have in the future is when you apply for another Apt. (If) you list this address, they will contact the landlord and find you've had an eviction.
It will effect your credit report if you don't pay. Which will also effect your application for another apt.
Eviction is a result of a contract violation you had with the landlord. It's not like it's a misdeminor or criminal act, but, if anything shows up it will be that you had to go to "small claims court and you settled out of court with the lawer," nothing to really worry about. I suggest paying what you owe, you don't what to have to deal with the landlords lawer again.
2007-02-06 17:23:54 · answer #2 · answered by D 1 · 0⤊ 0⤋
Even if you did not see or speak to a judge, it probably is still on your record, because you were served papers.
And it might not be on your credit report either. I have been evicted and I went to court (didn't settle) and it doesn't appear on mine. (I check all 3 reports yearly.)
It is probably in the court reports and police log that you were served. These are public records, which means they could show up on a backround check.
2007-02-06 17:04:34 · answer #3 · answered by Ariadne S 2 · 0⤊ 0⤋
Probably not, but it depends upon what that "paper" was that you signed. It could have been a "confession of judgment" where you agreed that judgment could be entered against you, and was, or it could have been a settlement agreement, where, upon certain conditions (like you leaving in 2 weeks) your landlord would dismiss his case against you.
If you signed a "confession of judgment" that was entered by the Court, then judgment was entered against you.
If you signed a settlement agreement with stipulation for dismissal with prejudice, then judgment was not entered against you.
P.S. You don't have a "record" for evictions like you may have a criminal "record." You can't go to a clerk's office and say "I'd like to see my civil record," although you could go to the courthouse and say "I'd like to see all civil cases where I am a party." And anyone could probably do a search of your name in a civil judgments database to see if you've ever had a judgment entered against you (like a future landlord).
2007-02-06 17:24:42 · answer #4 · answered by Perdendosi 7 · 0⤊ 0⤋
eviction notice (sometimes called an unlawful detainer filed) and is on your record. it is bad for your credit and almost impossible to remove. probably, after numerous attempts to collect rent the landlord filed and you have nobody to fault but yourself.
2007-02-07 15:58:48 · answer #5 · answered by Anonymous · 0⤊ 1⤋
What record?
I have been evected and I dont have that on my "record" and I have never been stopped from renting again.
There are two places that I left on my own will and broke the lease and I didn't get anything on my "record"
So what kind of record are you refereing too?
2007-02-06 17:12:58 · answer #6 · answered by Anonymous · 0⤊ 1⤋