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Default judgment for eviction on credit report and motion to vacate

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Anonymous
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Default judgment for eviction on credit report and motion to vacate

Making a long story short: My ex-wife and I had an apartment, she was a drug user and eventually dealer (she is now serving federal prison time) so I divorced her many years ago.

So, with that in mind, she had better credit than I did, but I had the income to get approved for the apartment. Now, fast forward to the divorce, she pulled every man hating loophole she could to screw me over and got me evicted from my own apartment. She, of course, defaulted and I had long moved from Virginia to North Carolina and they went through all the eviction processes, for which I was never served.

Discovered the issue on my credit but realized there were two lawsuits, but Virginia only allowed them to collect on the initial damages for the lost rent and only upon satisfaction of judgment on the first case could they go back and petition the court for the other amount. So, me being me, I waited it out and they'll cross the 5-year SOL mark on 04/12/2016 and I will be sending the law firm they used a cashiers check for the judgment and get the satisfaction letter overnighted to me. Once this happens, I will be sending the apartment complex a motion to vacate the default judgment the very next day using certified mail.

Now, given they'll be told their other $6000 "fees" lawsuit has past SOL and the apartment complex themselves does not show up to court, I suspect they're not going to actually pay the lawyers to fight the matter in court, especially since there is no way for the apartment complex to recover any monetary losses from fighting the motion to vacate. 

Anyone have a similar experience?

Message 1 of 6
5 REPLIES 5
Anonymous
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Re: Default judgment for eviction on credit report and motion to vacate

I had a similar situation except I was overseas and my ex-hubby was state side this was 2009. he decided he wanted to up and move and not pay rent, so need less to say I didn't know anything until I got back and found I had no home to go to he had left me but was pretending we were together so he could keep getting the monthly allowance I would send home for bills.

 

Any hoot, I ended up moving into the barracks and just forgeting about it got divorced and statred to enjoy military life, by me having no rent to pay no real bills lets say I enjoyed my 20's and early 30's lol.

 

Here is where reality hit I eneded up having to be medically retired from the miliatary in 2012. I am considered 100% disabled through the VA so income is never a problem BUT, guess what that damn apartment came back to haunt me when I needed to find a place come to find out in Virginia there was a judgement against me for that damn apartment UGH!!!!!!!! So I ended up movin back in with my mom since I could use that tender loving care that only a mom can give. However,  I still thought about paying it but here again why I don't have no rent to pay and no real bills but car note I pay cash for everything so credit was never a big thing for me at that time.

 

fastforward to now 2016 tired of living with mom ready to get out on my again and start living life again I took a chance this month and applied for an apartment before I pulled my cr hoping wishing and praying it goes thorough especially since it was a new complex pre- leasing with no application fee and no deposit if approved I said what hell filled out the application and low and behold I was approved I couldn't believe it I immediately came to my FICO to to pull my report and to my joy the judgement has fallen off EX and EQ will fall of TU in April the apartment complex pulled EQ thank goodness EQ has my highest score 

 

So I will be moving in my own place in May I am so happy its brand new in prime location I couldn't ask for a better way to start my second chance

Message 2 of 6
Anonymous
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Re: Default judgment for eviction on credit report and motion to vacate

Wow robert, you and essienakya had a  sucky experiance. My judgement was an unpaid default on a credit card but it too was thanks to an ex with a gambling problem.  I hadn't found this site yet so I didn't know you should negotiate with the attorney to get hte judgement off so I paid 4 months after the judgement was given and it sat on my report for nearly 7 years. EQ  was the last to drop March 1. If you can get that thing off  your report you'll be doing yourself a world of good. A paid judgement for 6 years did nothing for my score. 

 

Essienakya33 you could ask TU to drop that judgement early if you care. They removed mine 7 months early just because I asked. 

Message 3 of 6
Anonymous
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Re: Default judgment for eviction on credit report and motion to vacate

Well, there in resides the 'catch' to it all.

You will have to send payment to the lawyer, which is exactly what I am doing, and the lawyer will notify the courts the judgment is satisified and disburse the funds to their client (the rental agency).

However, when you file a motion to vacate a default judgment, you have to send the plantiff (the rental agency themselves) a copy of the notice in some fashion or another (certified mail, personal delivery, or with local sheriff's department) to notify them of your motion to vacate the default judgment. After this, you get a court date set.

The rental agency themselves will not show up to court because they're not lawyers; however, since the rental agency stands to lose money by paying an attorney to show up in court it is very likely they'll receive the notice, realize it'll cost them money with no chance of a judgment against me to pay their court costs.

So, I was hoping someone had the same experience in dealing with a similar scenario. It is my thinking they'll probably just not show up to court or just voluntarily "not object" since the judgment was paid in full and there is absolutely nothing to gain from paying an attorney money to fight it.

Message 4 of 6
Anonymous
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Re: Default judgment for eviction on credit report and motion to vacate

Just be careful - most civil judgments (at district level anyway) in Virginia carry a 10 year limitation on collecting, and that can be extended by the creditor by filling a motion. They can also move to have it indexed in circuit court, where it picks up a 20 year collection limit. It won't be in your credit report, but they could still collect it. Your motion to vacate might land everyone in court after all... i totally understand why you want it vacated, and it probably should be, I'd just be very careful how and when you delivered that citation.
Message 5 of 6
Anonymous
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Re: Default judgment for eviction on credit report and motion to vacate

Yeah, I read up on the 10 and 20 year; however, that will only apply to the first judgment if I chose not to pay it off. The other "fees" they wanted to collect will hit their 5 year mark 04/12/2016, but I am actually thinking now of just paying off the loan 05/01/2016, this way I'll clear the 5 year "exact date" mark and then some.

Maybe I can't remember the wording, or maybe it was ambiuous, but I could not decipher if the original date of default, date of lawsuit filing, or judgment date was the day the SOL started. I think its safer to assume the later of them all and then add a few weeks. Trouble is, I need to have it paid off before applying for a mortgage.

 

Good looking out! Smiley Wink

Message 6 of 6
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