How bad will a $0 eviction hurt my credit?

[Anonymous]

Hello - I live in Massachusetts, and am moving to FL. Here's the situation:

My LL (my Dad) evicted me after getting tired of taking care of me and my illness for 5 years. Luckily, i am better anyway, and am now moving to FL. I paid him all rent owed, so his housing court case is simple: he wants a judgement that i cant move back in.

Which i'm fine with, and have offered to settle, but he wont drop the case (I already moved out). I cant see how the judge will let it go to judgement, since there's no issues left to litigate, but my Dad really wants to stick it to me (long family history of abuse by him against me) and get an eviction on my record, and wants to proceed to trial. The funny thing is, it will show as a $0 civil judgement, because i paid all rent, as i am not a deadbeat. I do have a lawyer, who says my Dad does technically have a right to proceed to trial, but we're obviously hoping the judge pressures my Dad to settle, since i do not want to move back in.

Assuming we dont settle, this judgement (even thugh $0) may go on my credit report. So while it wont show as a collection account, it may show up in the 'civil judgements' section.

Any ideas on how this generally might or might not hurt me in getting a small studio in Miami? I know the "landlord culture" varies across the country. I have an 800 fico score, six figures in the bank, an 80k per year income, and no criminal record. Also, no pets, and i dont smoke. How bad will this kill my credit score?
Thanks, Bill

[Anonymous]

Wow....Pretty vindictive guy. Good to see that you're doing well, despite him being such a jerk.

Can't understand why he thinks he needs a "judgemment" to prevent you from moving back in....thats just wacky. His property, he determines who lives there. Hopefully the judge has some sense and will tell him to just go home and dismiss it, since as you say there simply isn't anything to litigate...

Good luck and let us know what happens.

[Anonymous]

That's wild. Sorry to hear all that.

I agree with Norman. Your father shouldn't need a judgement to prevent you from returning. It sounds like he's trying to use credit damage in the place of a restraining order. All he really "needs" to do is tell you not to come back, but beyond that I would think a simple order that you can't be on his property would suffice.

Beyond that, a judgement requires some kind of civil claim, and it doesn't sound like there is one. Did you get papers with his motion? I'd be really intrigued by how he's trying to make this fly.

[Anonymous]

Thanks for both of your replies. The way he is dragging this out is that some of my property is still there. It was stupid of me. I moved out quickly with only some of my property, quickly, to comply with the 'notice to quit', so that i would look good to the judge (and i didnt want to be around that tension anymore). This was before i had a lawyer. I thought it would be the right thing to do. Big mistake! And it's property i need (about 20k worth of music equipment). I didnt have time to hire a truck, get storage space, etc, as i just wanted out for fear the guy would become violent.

So that's the "catch" in this story. He keeps obstructing my attempts to get the property, by changing his schedule, etc. It's pretty surreal. So yes, that's how he's made it fly so far, because we havent been in front of the judge yet. Sigh, what a royal pain in the a**.

[Anonymous]

I am not a lawyer, but in most states, you can't slap a judgement on someone for leaving property behind. You have to follow a protocol to get the property deemed abandoned, and can charge storage fees in the interim. Still absolutely bonkers, although that sounds status quo from what you wrote.. Is your attorney going to get an order for you to retrieve your property? 

[Momof5]

You can also call the police for a civil standby to get your property back.

[Anonymous]

Sounds to me like what he is doing amounts to unlawful conversion. IMO a countersuit to retrieve your property is in order. If successful, it would allow you to take the order to the local sheriff, and get an escort to remove your property.

[stellar]

Sorry to hear about your dad acting like that.  He's toxic to you.  

Anyway, I live near Miami and you can def get a place here no problem.  

First of all the court thing probably won't show up on your credit report for a while so you can just get an apartment as normal.  

Second option if it does show up is to rent from a private landlord rather than a managed apartment complex, they will more likely work with you when you explain it.  There are lots of little buildings in SOBE that are privately owned/rentable.  

Third option is to use a rental agency, I have used Rent1Sale1 with great success.  You tell them your situation and they will show you apartments, they will get you a place for sure.

Fourth option is to sublet or move in with a roomate.  Check craigslist for lots of those.  

There are also hotel apartments which you can pay weekly/monthly, there is no credit check for those.  Lots in Miami and in Hallandale/Hollywood Beach.  

Good luck