Public Record/Eviction

DarkSergeant · 02-13-2008, 01:25 AM

Okay, so I have an eviction on 2 of my reports (EX and TU) for $2875 from March 2006.

Question is - how does the eviction ITSELF reflect on your report? Is it negative at all - or is just the amount of the eviction is considered a collection until satisfied?

Will the "Amount" even change on a public record, or is this simply stating the public record - I was found liable for $2,875?

Is there even a way to satisfy this 'amount' in regards to public record, or is it unchanging - no matter what you do?

Experian says this:
Experian | Ask Max | How being evicted can affect your credit report

I say bullsh*t.

Note: I'm only asking in relation to scoring. I understand how an eviction may relate should I attempt to obtain a mortgage or lease or any other 'secured' type transaction (car loan, etc.)

jlynn · 02-13-2008, 08:22 AM

Is it reporting as a judgment? The amount should report as -0- balance once it is paid, and a Satisfaction of Judgment is filed with the court.

DarkSergeant · 02-13-2008, 07:06 PM

Well, no I haven't paid it yet. I plan to regardless of what will happen - as I realize with a judgement it could potentially stick around forever and the odds of it getting removed are just about ZERO.

Experian has it reported as:
Public Record
Lakewood Municipal Court
Status: Civil Claim Judgement
Claim Amount: $2,875
Date Filed: 03/2006
Liability Amount: NA
Date Resolved: NA

TU has it reported as:
Public Record
Type: Civil Judgement
Court Type: Circuit Court
Date Filed: 03/2006
Amount: $2,875

Equifax doesn't report it.

apexcrsrvc · 02-14-2008, 04:56 AM

It's not as difficult as you would think to remove public records. The first step is removing old addresses (difficult with EX). The second step is getting out of Lexis Nexis. Thereafter, just dispute it and it should come off.

Or you can just wing it . . .

In any event, I'm not telling you not to pay it. Just be advised that paying it isn't going to necessarily help your scores. It will take it out of the realm of mortgage preclusion though.

DarkSergeant · 02-14-2008, 09:06 PM

Yeah, well - I'm all for paying it. Being a military guy, things like this can REALLY come back to bite you in the ass - and since it is a judgement I have no FDCPA protection from them calling and speaking to commanders, etc.

They haven't been attempting to collect at all is what pisses me off (about paying it). Called in October 07 (first time ever) threatening garnishment, etc., and I offered to settle then for $2000 by Jan. 1. Chick said she'd check with the property owner and never called back.

I think I may just go in with to their office with a casheirs check for $2000 and a pre-written agreement that the account is now paid in full that I'll have them sign. I'd be fine with that.

RE: Opting out of LexisNexis. There an easy way to do that? Per their website:

An individual may request opt-out if one of these conditions exists:

You are a state, local or federal law enforcement officer or public official and your position exposes you to a threat of death or serious bodily harm; or
You are a victim of identity theft; or
You are at risk of physical harm.

I am not law enforcement, but I am military. I wonder if a deployment would qualify for "You are at risk of physical harm."

jlynn · 02-14-2008, 11:39 PM

Quote:

Originally Posted by DarkSergeant

Yeah, well - I'm all for paying it. Being a military guy, things like this can REALLY come back to bite you in the ass - and since it is a judgement I have no FDCPA protection from them calling and speaking to commanders, etc.

Um, yes you do. The FDCPA applies to judgments collected by CA's as well.

DarkSergeant · 02-15-2008, 07:27 PM

That's true, but fortunately it hasn't been turned over to CA - which is why I'm kind of curious as to how it will impact since the only thing will show is the judgement itself.

OC (rental agency..) is the only person who's every contacted me regarding this. And as the OC, there's really no recourse - they can do whatever they like, right?