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WHAT TYPE OF DOCUMENT DOES A CREDIT AGENCY NEED TO SEE BEFORE IT WILL CEASE TO REPORT AN EVICTION THAT HAS PREVIOUSLY BEEN FILED IN COURT?

BayHouse Credit Forum: Credit Q & A: Disputes - Collections - Chargeoffs - Bankruptcy - CCCS: WHAT TYPE OF DOCUMENT DOES A CREDIT AGENCY NEED TO SEE BEFORE IT WILL CEASE TO REPORT AN EVICTION THAT HAS PREVIOUSLY BEEN FILED IN COURT?
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dana (Danavasu)

Tuesday, May 01, 2001 - 08:52 am Click here to edit this post
(i posted this before, but realized when I re-read my question that it wasn't worded well!)
Q. WHAT TYPE OF DOCUMENT DOES A CREDIT AGENCY NEED TO SEE BEFORE IT WILL CEASE TO REPORT AN EVICTION THAT HAS PREVIOUSLY BEEN FILED IN COURT?

I couldn't pay my rent, so my landlord filed an unlawful detainer case against me. (I live in California) I havn't talked to the landlord's lawyer yet, but I want to find out if he will settle with me. I want to ask him to take whatever steps he needs to take in order to keep the eviction off my credit report. (In return I will move-out -- and pay for the time of my actual occupation.)

But there seems to be some disagreement about what needs to happen before a credit reporting agency is prohibited from reporting an eviction.

Do I have to 1.) be the "prevailing party" to the eviction suit, or 2.) is it the case that the eviction can be reported even if the tenant wins.

If the first option above is correct, then what kinds of resolutions to my eviction suit will clearly qualify me as being a "prevailing party"? Will I be a "prevailing party" if I do anything less than win at a trial?

Specifically, what kind of letter or court document can my landlord give me that I can send to the credit reporting agencies in order for them to not report the eviction? I get a different answer from everyone I talk to (none of them lawyers, of course), and it's very frustrating.

p.s. thanks Cindy (for answering my previous post). I will do a search on "renter's rights.

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Christine Baker (Admin)

Tuesday, May 01, 2001 - 01:16 pm Click here to edit this post
I'm no expert on eviction, BUT, I would HOPE that it can NOT be reported when you win. I would send a fax to the CRAs and ask them.

Go to court and contest the eviction, or get the landlord to file whatever papers are necessary to end the proceedings.

If you don't show up, you usually lose by default and then you have a real problem.


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