Need some legal advice. Well just a couple of weeks ago Gap Inc. has sent a notice in the mail to me saying two laptop computers were stolen and my personal info which included my SSN were in the system. So they offered me the triple advantage with the credit bureaus.
To make the story short when I checked my credit history for the first time I saw a judgement on there. It was from my nasty landlord that I knew nothing about. It was posted back in 2005 as "unlawful detainer." My mother and I were on the lease. My mother was late at one time and paid before the 5 days notice was up. How can I take this case to court? We were clean tenants, never damaged property, or used illegal drugs. I was not informed of this legal action against me. An eviction was served but my mother paid before the 5 days were up. I live in VA by the way. Someone help me please :(
2007-10-25 17:22:32 · 3 answers · asked by Flyingprincez 2 in Business & Finance ➔ Renting & Real Estate
You can definitely sue. You hire yourself an attorney, usually attorneys get paid 1/3 of the settlement. You'll probably have to sign retainer agreements and client certifications and verifications acknowledging that you are hiring the attorney for this action. Most likely would be county court case considering it is regarding rent and land. I'm from New York, it could be different in VA. Usually the attorney writes up a Verified Complaint with a Summons, and possibly later on an Affidavit and an Order to Show Cause and what not....but I'd check it out with a VA lawyer.......good luck....if you do take this to court, I have a strong feeling you'll win. Information was withheld from you and he falsely accused of you and the mother as unlawful detainer......and that's a lie, therefore affecting your credit history and yada yada.....good luck
2007-10-25 17:35:14 · answer #1 · answered by contrabandamanda 3 · 1⤊ 2⤋
You don't have a case here. If you were on the lease with mother and she paid late, the landlord/management reported it to at least one credit reporting firm. One need not be evicted in order to get a smirch on their credit report. The mere fact of being as late as your mother was is sufficient to trigger a report to a bureau.
Your only possible remedy is to have the 'unlawful detainer' description corrected, since no eviction actually occurred. However, you may still end up with the late rent payment on your record.
2007-10-26 00:36:12 · answer #2 · answered by acermill 7 · 4⤊ 0⤋
You can sue under deformation of charecter, slander and liable.
However! You might not see any money, as it could be passed off as a clerical error and simply stripped off your record.
Be careful about incurring costs as if you do you may not be able to re-coup.
Sounds corny, but try some of the tv court shows, like Judge Judy, it's much cheaper then getting a lawyer!!
2007-10-26 04:09:41 · answer #3 · answered by Mikey B 3 · 0⤊ 3⤋