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Too late to claim illegal eviction. Your time to appeal the eviction in court is long gone. The eviction will remain on court records for life.
You're wrong on both counts.
- An "illegal eviction" (actual legal term is "wrongful eviction) claim is completely independent of any actual eviction proceedings. It could be filed as a counterclaim to an eviction proceeding depending on the circumstances, but it is not required. The statute of limitations for this is 5 years from the cause of action in the State of Florida.
Considering that Duke Energy is new to Florida (taking over Progress Energy) it would certainly appear the SOL has not expired in this case. It also appears the OP would have a potentially valid claim if they choose to pursue it.
- Court records can be sealed. It is not too terribly difficult to do so in eviction cases, depending on the facts of the matter.
Quote:
Originally Posted by reenzz
The lack of a judgment only means that the landlord did not seek monetary damages from you at the time of the court hearing. It does not change the fact that a judge had to order your removal from the property with a formal eviction.
Again, wrong.
An eviction is a judgment. A judgment for damages is also a judgement. The former would not show up on a credit report but it is possible the later might.
MJW28115, we really need a complete and total explanation of the timeline here. Don't worry about the collection agency for the moment. Give us the facts of what happened with this eviction proceeding. Specifically, tell us what happened when you went to court (or if you went to court). Also, check the civil court public records in your county and tell us what is listed under your name regarding this eviction.
We see evictions different on a credit report than a judgment. Both will show up. Not sure if you meant that or not.
Someone who didn't show up for an eviction hearing can go back to court and claim an illegal eviction?
Wow, I never heard of that and it sounds very strange since it seems to me that to claim an illegal eviction is exactly why a judge can schedule a trial or the hearing to decide to grant or deny the eviction.
If indeed an illegal eviction can be used for than good luck to any tenant since a judge will ask why the tenant didn't show up and the tenant needs to pay filing fees, serve the person in question which cost additional money and than show up with proof to win.
The last tenant we filed an eviction against was very active to present a response to the court of 49 pages! But she didn't seemed to be able just follow the guidelines for an eviction so all her effort was just wasting time, paper and she was out in 15 days.
A tenant in 99% of all eviction cases isn't the brightest tenant anyway and you may find me arrogant but if you let it go so far to get an eviction filing against you than it shows that the tenants didn't think about their future...
Last edited by bentlebee; 07-27-2014 at 07:07 PM..
We see evictions different on a credit report than a judgment. Both will show up. Not sure if you meant that or not.
Not on an actual credit report you're not. You're probably using a one stop screening service that compiles credit reports and court records on a single document. If you ran that same person's credit directly through the credit bureaus you would not see the eviction.
Not on an actual credit report you're not. You're probably using a one stop screening service that compiles credit reports and court records on a single document. If you ran that same person's credit directly through the credit bureaus you would not see the eviction.
That may be true. We run everything so we get criminal, credit and national sex offender list.
- An "illegal eviction" (actual legal term is "wrongful eviction) claim is completely independent of any actual eviction proceedings. It could be filed as a counterclaim to an eviction proceeding depending on the circumstances, but it is not required. The statute of limitations for this is 5 years from the cause of action in the State of Florida.
Considering that Duke Energy is new to Florida (taking over Progress Energy) it would certainly appear the SOL has not expired in this case. It also appears the OP would have a potentially valid claim if they choose to pursue it.
- Court records can be sealed. It is not too terribly difficult to do so in eviction cases, depending on the facts of the matter.
Again, wrong.
An eviction is a judgment. A judgment for damages is also a judgement. The former would not show up on a credit report but it is possible the later might.
MJW28115, we really need a complete and total explanation of the timeline here. Don't worry about the collection agency for the moment. Give us the facts of what happened with this eviction proceeding. Specifically, tell us what happened when you went to court (or if you went to court). Also, check the civil court public records in your county and tell us what is listed under your name regarding this eviction.
I did go to court and i told the judge "Last night he called duke power and had my lights turned off" at that point the judge looked at him and said go out in the hall and work this out. We went out and i told him how much i had toward the rent and he agreed. I paid. Its on the ledger but listed as something else. 3days later i got served with papers. I then had 10 days to remove my things I went back on the 7th day and somebody was living in my apartment. Weeks later when I was walking to work I saw a stranger wearing my clothes.
We see evictions different on a credit report than a judgment. Both will show up. Not sure if you meant that or not.
Someone who didn't show up for an eviction hearing can go back to court and claim an illegal eviction?
Wow, I never heard of that and it sounds very strange since it seems to me that to claim an illegal eviction is exactly why a judge can schedule a trial or the hearing to decide to grant or deny the eviction.
If indeed an illegal eviction can be used for than good luck to any tenant since a judge will ask why the tenant didn't show up and the tenant needs to pay filing fees, serve the person in question which cost additional money and than show up with proof to win.
The last tenant we filed an eviction against was very active to present a response to the court of 49 pages! But she didn't seemed to be able just follow the guidelines for an eviction so all her effort was just wasting time, paper and she was out in 15 days.
A tenant in 99% of all eviction cases isn't the brightest tenant anyway and you may find me arrogant but if you let it go so far to get an eviction filing against you than it shows that the tenants didn't think about their future...
I did go to court and i told the judge "Last night he called duke power and had my lights turned off" at that point the judge looked at him and said go out in the hall and work this out. We went out and i told him how much i had toward the rent and he agreed. I paid. Its on the ledger but listed as something else. 3days later i got served with papers. I then had 10 days to remove my things I went back on the 7th day and somebody was living in my apartment. Weeks later when I was walking to work I saw a stranger wearing my clothes.
That's not even remotely close to "the entire timeline". How about you start when it was the first time you were late or didn't pay your rent?
I would not be going to court if I paid my rent on time. It was because of late rent. I am not sure what you are looking for.
Your posts are confusing because they jump around with important details missing. What is being asked is to list the vents in chronological order.
Example
Jab 1 sign lease
May 1 rent due, did not pay
May 5 received 3 day notice to pay or quit.
May 8th landlord comes banging on my door for rent
May 10, I put dog poo in rent envelope and mailed to landlord.
So on and so forth.
Your posts are confusing because they jump around with important details missing. What is being asked is to list the vents in chronological order.
Example
Jab 1 sign lease
May 1 rent due, did not pay
May 5 received 3 day notice to pay or quit.
May 8th landlord comes banging on my door for rent
May 10, I put dog poo in rent envelope and mailed to landlord.
So on and so forth.
Not much to the story I was only late one month and he charged me for part of the month at the time we was in court the total was like 612.00. Im thinking your looking for me to say i was a bad tenant. I was not there long enough.
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