Eviction questions

By I NEED SOMEONE'S ADVISE FAST!

I need help determining something. I paid my rent  with a personal check. Unknown to me (seriously), the check had bounced. A month later, I was notified by letter stating that I had to pay the past due rent and was giving ten days to do that. Well, I didn’t have the funds to pay the past due amount and next month rent before the given date. Well, the landlord filed for an eviction. On Friday, of that same week, the past due amount and the next month rent was paid. As well as, the returned check fee and the court cost fee. I was told to get the eviction off, if I still wanted to live in the unit, I would have to pay the court costs. So, I paid a total of $1,225 to the landlord. Now, I’m not saying it’s their fault or anything for evicting me. It was mine b’c I should have kept tabs on my checking account. Weeelll, I went to apply for an apartment and come to find out the eviction was on my credit report. The L.L was called again b’c I wanted to know how long would the eviction be on my credit report and I was told, It would come off once I pay the court costs. I guess the court costs was like $475 or $625. Being that, I already paid $150 already. Aren’t they suppose to give me some type of written documentation? Stating that I’m paying fees to stay in my unit? And why is the eviction still on my credit report? Then to top that off, I was told that the eviction would still show on my credit report when I’m done paying the fees is this right?

1) I would like to know, how much are the court fees to file an eviction on a tenant? ( one adult in the unit)

2) Is there an additional fee if the eviction was cancelled and the tenant remains in the unit?

3) How long does evictions show on your credit report?

4) What type of documents can I obtain from the landlord or either the courts to show proof that I’m paying the court costs?

5) Can evictions be exspunged? ;)

Edited on: Saturday, January 19th, 2013 5:31 am

7 Responses to “Eviction questions”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Richard

September 3rd, 2008 6:42 am

No matter what your landlord tells you, most likely they can do little to have the eviction removed from your credit report. You see, credit reporting agencies pull data from the courts regularly. Most likely the credit reporting agencies found the eviction through the court records, and if that’s the case there is nothing the property manager can do to get the eviction off of your record. If a judgement was made against you, you will need to hire an attorney to see what can be done to reverse the charges. This can be costly and difficult to resolve. In the future, to avoid an eviction from getting attached to your credit report, you will need to do everything in your power to prevent a judgement… in other words you will want the landlord to drop the case completely– it doesn’t sound like that was done.


anonymous

September 3rd, 2008 2:38 pm

To anwser your questions about evictions:
1) How much are court fees to file and eviction on a tenant? ANSWER: This varies greatly per state but typically there will be a filing fee $65 to $150 plus a Fee to serve the summons… about $25 to $75. Now if the landlord used an attorney there could be attorney fees added to the amount, about $200 to $400. So basically just to start the process could cost close to $200, if done by the landlord and not an attorney. (The number of adults is irrelavant)
2) Is there an additional fee if the eviction was cancelled? ANSWER: This depends greatly on the court and state. Some courts may charge a fee to cancel or terminate the suit.
3) How long do evictions show on your credit report? ANSWER: The eviction record will most likely remain on your credit report for no less than 7 years. However, it can remain on other background databases indefinetly.
4) What records can be obtained from the landlord or courts to prove that I am paying the court costs? ANSWER: Receipts.
5) Can evictions be expunged? ANSWER: Yes and no. If you are referring to the courts you would need to have the ruling overturned. If you are more worried about it being on your credit report, you will need to talk to each agency to have them remove it. You will need to prove that it shouldn’t be on there, that can be tough.


RedBUGS67

September 3rd, 2008 2:45 pm

ummm…
Why is this coming to you like a suprise? Didn’t you ever get the summons that said you needed to go to court?

You do realize that when a constable or sherrif serves you paperwork, that it must be important, don’t you? Next time you write out a bad check, you may want to consider the long-term effects.

Sorry to be so blundt, but the legal system provides so many options before you are stuck. When you avoid resolving the problem, you are the one to blaim for the consequences!

Sincerely,

Blundt Rental Manager :|


Thanks

September 4th, 2008 2:05 pm

To RedBUGS67 ~~~ I was never summoned. The case never made it to the courts. To my recollection there was funds in the account. Landlords shouldn’t take long posting checks. You must didn’t read the whole story and was speed reading just like I could tell you where speed typing b’c you didn’t even use the spellchecker! Well, it’s nothing really,what happened, happened and I take the total blame b’c I should’ve been more responsible handling my bills accordingly. Just like I’ve stated in my story, I had no clue the check had bounced until a month later! Thats when I was given a notice to pay the past due and upcoming rent. Two days after the eviction was filed the payments where made. So, if my landlord re’cvd the initial first installment how come the eviction wasn’t stopped? I know there’s a process before it’s reported to the credit agencies. Thanks anonymous and Richard for taking the time to reply! :) ~


RedBUGS67

September 16th, 2008 1:57 pm

Ok Ok… I guess I was a little strong with you. Sorry. :| As far as my spelling goes, yeah it’s not the best, DOH!!! I don’t know too much about getting things off your record, but I do know that in order for my to get an eviction on someones credit report I have to report it as such. If you really have this thing on your record, I would fight it. Have you considered filing a complaint with the RPA? I’m not sure what they could do for your situation, but at least you would be able to talk to an investigating Agent about your prob.

Hope that helps! :) Now go get that eviction off your record, it sounds like you have right to fight it.

Blundt Property Manager


chris a

July 8th, 2010 10:59 am

I am considering filing a complaint against my landlord. I have never rented an apartment until recently. I signed a one year lease in which I had no idea automaticaly renewed the following year I was hoping to move and though I would only have to pay month to month. This was not the case not only did my lease automaticaly renew but my rent went up over 60 a month more and now I am having difficult paying for this crappy one bedroom apartment. They tacked on all these fees in which make no sense at all to a new tenant!! Anyway, I had still been paying my rent every month but fell behing on some of the fees, my landlord filed a complaint from this. I went to court and explained my situation to the jude in which stated that I should find another apartment to live and get the heck out of there however he still ruled on behalf of the landlord!! 5 days later there was an eviction notice that if I did not come up with the remainder of the money I would be evicted!!! The landlord would not work anything out with you in oder to prevent the eviction. I am not sure how this inhumane person had the right to do this!!


Alexandria Harris

August 2nd, 2010 7:01 am

I need to know if there is a case that I can take to court some versa landlord and the tenant won


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