Legal Question in Real Estate Law in Virginia
Several years back my roommate and I were served with papers to go to court because we were late paying rent. My roommate had not payed his share of the rent for the previous 2 months making us 60 days late on full rent payment. After this notification, the entirety of the balance was paid the next day. 3 years after later in a short period of time I had been refused a job and an apartment because according to my credit report the matter was still open. I contacted the property manager and found out they never filed papers with the court that said the matter was closed. I now have paperwork stating this matter has been closed, but of course it is dated 3 years after the fact. At this point I was resigned to thinking this would be on my credit report for 7 years. Recently I have looked at my credit report and noticed it says judgement. And on closer inspection of the paperwork sent to the court it says judgement. My question to you is, after we paid the balance of the account the day after notice of unpaid rent, shouldn't the court case have been dismissed or dropped? Am I correct when I say, there should never have been a judgement made on us, but due to the property manager not filing the correct court papers for three years, the court date went as planned and a judgement against us was levied because they didn't know the debt had been paid. If this is the case this issue should not have been on my credit report for the last 5 years. Let me know, and thank you in advance for answering.
1 Answer from Attorneys
Yes, you're correct that this judgment should never have been entered
against you which is why you should now be contacting the court which
entered it (presumably general district) to request a hearing on the matter
to have this judgment set aside/vacated, and then you can submit your
written version of events to each of the three major credit reporting
agencies (once the judgment has been vacated).
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