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New Member
recklessmax
Posts: 2
Registered: ‎10-20-2012
0

URGENT -Small Claims Judgment - How to Remove from Credit Report

Hello ALL

I had a small claims suit against me (landlord) recently. The renter (tenant) was the plaintiff. I rented a room to the plaintiff for 2 months starting July 1st I.E. was paid a part deposit for securing the room and the rest few days before the plaintiff was supposed to move-in. The plaintiff called me 2 days before the start of the month that she changed her mind due to hardship and hence wouldn't be able to take the place. After I informed her that I would need to keep her 500$ deposit and adjust it against loss of rent when the future tenant would move -in, she got upset and At this point she demanded her full money back since she said there was nothing in the sublease which mentioned that I could do that. I informed her that this is as per state law and hence she couldn't refuse. She started threatening me going to cops, small claims and everything like a maniac. I respectfully wrote to her that I would refund her 200$ more than what it had cost me for the room being kept empty since I found a new person only 9 days later. She did not budge and wouldn't take a penny less else no discussion and no settlement. I asked her for her current address where I could sent the settlement in writing and she never left her current address. Only address I had was from her DL while signing the sublease where she wasn't staying . So I sent her a certified letter there with all the explanation and deduction of charges

Come September she filed small claims and I had to appear on Oct 5th. We went to mediation and again offered her 200$ , she wouldn't take a penny less as per the her communication to the mediator. Went to trial in front of the judge. Judge decided to honor the signed contract and told her that as per law i am entitled to damages since the room was empty but still gave judgment for me to pay her 90$ which included the amount i charged for taking time off work,re-renting costs apart from the rental costs to cut her losses. I informed the judge that I had offered to pay more and settle in interest of everybody's time but she refused to talk to me or give her address so I sent her a certified letter at her DL's address and never heard back

Long story short I paid 90$ and today I see negative item on my credit report and my score dips by 60 points. I was like WTH I already paid her, she took me to court for her own mistake. I spent more time and effort to re-rent the room to not sue her for more and now I am getting impacted so bad for no fault of mine I also offered to pay her in court but she just left even before the judge could finish her judgment. Everywhere I google they say this information is public records so will remain on your credit history. But this is so very wrong, this lady tried to rent my room, creates drama, messes my entire work schedule (time to show and re-rent) and now this is damaging my credit. I feel this is so unfair.

I need urgent advice of what to do to remove this from credit report. Any alternatives, should I file motion to reopen and dispute the record I have no experience with courts and never thought that this would be on my credit report as long as I paid , Especially when in my eyes she clearly lost the battle as she never got her amount she sued for, no interest, late payment or court fees were awarded to her and the judge never agreed to her argument that document is invalid.

Valued Contributor
rckstrscott
Posts: 2,659
Registered: ‎04-25-2011
0

Re: URGENT -Small Claims Judgment - How to Remove from Credit Report


recklessmax wrote:

Hello ALL

I had a small claims suit against me (landlord) recently. The renter (tenant) was the plaintiff. I rented a room to the plaintiff for 2 months starting July 1st I.E. was paid a part deposit for securing the room and the rest few days before the plaintiff was supposed to move-in. The plaintiff called me 2 days before the start of the month that she changed her mind due to hardship and hence wouldn't be able to take the place. After I informed her that I would need to keep her 500$ deposit and adjust it against loss of rent when the future tenant would move -in, she got upset and At this point she demanded her full money back since she said there was nothing in the sublease which mentioned that I could do that. I informed her that this is as per state law and hence she couldn't refuse. She started threatening me going to cops, small claims and everything like a maniac. I respectfully wrote to her that I would refund her 200$ more than what it had cost me for the room being kept empty since I found a new person only 9 days later. She did not budge and wouldn't take a penny less else no discussion and no settlement. I asked her for her current address where I could sent the settlement in writing and she never left her current address. Only address I had was from her DL while signing the sublease where she wasn't staying . So I sent her a certified letter there with all the explanation and deduction of charges

Come September she filed small claims and I had to appear on Oct 5th. We went to mediation and again offered her 200$ , she wouldn't take a penny less as per the her communication to the mediator. Went to trial in front of the judge. Judge decided to honor the signed contract and told her that as per law i am entitled to damages since the room was empty but still gave judgment for me to pay her 90$ which included the amount i charged for taking time off work,re-renting costs apart from the rental costs to cut her losses. I informed the judge that I had offered to pay more and settle in interest of everybody's time but she refused to talk to me or give her address so I sent her a certified letter at her DL's address and never heard back

Long story short I paid 90$ and today I see negative item on my credit report and my score dips by 60 points. I was like WTH I already paid her, she took me to court for her own mistake. I spent more time and effort to re-rent the room to not sue her for more and now I am getting impacted so bad for no fault of mine I also offered to pay her in court but she just left even before the judge could finish her judgment. Everywhere I google they say this information is public records so will remain on your credit history. But this is so very wrong, this lady tried to rent my room, creates drama, messes my entire work schedule (time to show and re-rent) and now this is damaging my credit. I feel this is so unfair.

I need urgent advice of what to do to remove this from credit report. Any alternatives, should I file motion to reopen and dispute the record I have no experience with courts and never thought that this would be on my credit report as long as I paid , Especially when in my eyes she clearly lost the battle as she never got her amount she sued for, no interest, late payment or court fees were awarded to her and the judge never agreed to her argument that document is invalid.


If the judge placed a judgment on against you for $90 dollar, then this is going to report on your credit as it is a public record, no matter if you agreed to pay it or not. And a paid judgement is still a judgement.

 

What state to you live in? Some states will let you file a motion to vavcate after its paid, some will not..

 

A normal course of action would be to contact the plaintiffs attorney and see if they will motion it back into court to have it vacated; usually just the cost of attorney fees will get it removed, but since this plaintiff already was kinda snotty, that might not work.

 

Hopefully RobertEG, our resident law guru responds with some solid information, and my information might not be accurate.

 

-scott

 

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 05/12: TU: 722 | EQ: 712 | EX: 686
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
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Still Working On: Illinois Paid Tax Lien,
Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $3900, Citi/Home Depot $2000, Capital One Cash Rewards $1500, Capital One Secured $500, Credit One Bank $500. Total Utilization: 6%. AAoA: 1yr, 7mth. INQS: 8 TU, 8 EQ, 4 EX
New Member
recklessmax
Posts: 2
Registered: ‎10-20-2012
0

Re: URGENT -Small Claims Judgment - How to Remove from Credit Report

[ Edited ]

Thanks for your response. This was in state of NJ

 

So i dont understand, the plantiff demand was for 500$ and wouldnt take anything less, not a penny less. From the judgement itis clear that the contract is valid and binding and hence she owes me 400+ $ from the deposit and i need to refund 90$ which i was willingto do from start , have it in writing on emails and mail

but the plantiff refused to accept although there was perfectly valid reason for even holding that. This is even recorded as part fo mediation when same amount was offered. How is that my mistake especially when i was never served with notice to pay the proper amount. It was only during court order that i got her real address to send her soemthing. Whats funny the judge alswo awarded mefiling fees when i paid none

 

I seriously dont understand where i am wrong ?

Valued Contributor
rckstrscott
Posts: 2,659
Registered: ‎04-25-2011
0

Re: URGENT -Small Claims Judgment - How to Remove from Credit Report


recklessmax wrote:

Thanks for your response. This was in state of NJ

 

So i dont understand, the plantiff demand was for 500$ and wouldnt take anything less, not a penny less. From the judgement itis clear that the contract is valid and binding and hence she owes me 400+ $ from the deposit and i need to refund 90$ which i was willingto do from start , have it in writing on emails and mail

but the plantiff refused to accept although there was perfectly valid reason for even holding that. This is even recorded as part fo mediation when same amount was offered. How is that my mistake especially when i was never served with notice to pay the proper amount. It was only during court order that i got her real address to send her soemthing. Whats funny the judge alswo awarded mefiling fees when i paid none

 

I seriously dont understand where i am wrong ?


Oh don't get me wrong, it seems fishy..

 

I was only responding to your question on ways to remove judgements from your credit file.

 

The legal side of it, well, to me it seems like you need to contact an attorney because it appears to me you might have gotten the shaft.. or its possible the public record isn't showing accurate information..

 

I would go to the court, get copies of the judgement paperwork if you don't have it, and talk to a lawyer..

 

-scott

Starting FICO Score: 10/10: TU 498 | EQ: 502 Current FICO Score(lender pull): 05/12: TU: 722 | EQ: 712 | EX: 686
Collections Removed: Hunter Warfield, CBE Group, Merchants Credit Guide, EOS-CCA, Enhanced Recovery, Portfolio Recovery, UCB, American Collection Company, Medical Business Bureau, Jefferson Capital, Credit Portfolio Associates, FCO, LVNV, Convergent, Armor Systems
Other Negative Entries Removed:Plains Commerce CO, HSBC CO, 2008 Judgment Santander Reposession

Still Working On: Illinois Paid Tax Lien,
Positive Accounts:10/10: 0 | 07/12: 6 | Mortgage Closed 5/12, Macy's AMEX $3900, Citi/Home Depot $2000, Capital One Cash Rewards $1500, Capital One Secured $500, Credit One Bank $500. Total Utilization: 6%. AAoA: 1yr, 7mth. INQS: 8 TU, 8 EQ, 4 EX

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