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Eviction Hearing Stricken Eviction Remains on Record

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OrdinaryAvgGuy

Junior Member
I live in MN. I rented a place with a few friends in 2001. We had a disagreement with our lanlord over a few issues, none of which were grounds for eviction. Our lanlord tried to evict us, but the judge agreed saying that the case had no merit. The outcome of the hearing is clearly stricken (which as I understand it, basically means thrown out of court) here is a link to the public record http://www2.co.hennepin.mn.us/ccourt/ccsrchdetails.jsp?ra_file_no=030313010&ra_party_seq_no=1&ra_detail_seq_no=1 . I am now being told that a prior eviction is showing on my record for this (6 yrs later) and it is also preventing some of my former roomates, though not all of them from renting another place. I am now a home owner, and this is not as big of concern for me, but I still would like my record to accurate and not show an eviction. The only thing I have been told that I can do is file for an expungement ($250) and have the record sealed at an expungement hearing. I do not want it sealed, I want it corrected.

I do not understand why I can't show/prove that there was never an eviction and ask the courts to fix my record. The clerk at the county court told me it doesn't work that way. Why should I pay $250 for what seems to be an error or misunderstanding to me. How do I get this taken care of? Does this mean that my LL reported me to a rental background agency and it is not the courts error? Is this defamtion of charachter?

We moved out shortly after, being that we were on a month-month lease and left the place spotless, so as not to leave any sort of dis-agreement. Our security deposit was not returned. We sued for our security deposit and recieved a judgement in our favor for our security deposit, $1850 and a bad faith penalty, $300, and misc fees $29 totaling $2179. Link to public record data http://www2.co.hennepin.mn.us/ccourt/ccsrchdetails.jsp?ra_file_no=030711075&ra_party_seq_no=1&ra_detail_seq_no=1 . To date (4+yrs later) we have yet to recieve a penny. I have had the judgement transcribed and docketed into 4th district court (coming from "housing court"), sent a registered letter asking when she planned to comply with the judgement (oh, btw this is a boyfriend/girlfriend combo (who claimed they were married when we moved in but have never been) who are both self-employed attorney's registered in the state of MN, he originally tried to evict us (see 1st link) she is the one who had given us the lease and we paid rent, thus she (see 2nd link) is the one we sued for security deposit etc) but she never responded to reg letter. She rents many other properties, but is not listed as the property owner on any of them as far as public property info searches state. No vehicle in her name as far as the DMV is concerned, although I have seen her driving 3 different cars. I finally found her bank, had a writ of execution ...ah executed, the bank stated that he account had an insufficient balance. I am not sure how to proceed, levying wages may be ineffective as she is self employed. I can't find assets.

I have since then found that I am actually entitled to up to twice the security deposit, plus bad faith (possibly even multiple incidences), interest on the original judgement, and possibly more. I would like to know if I can go back after her for more, before continuing to attempt to collect as I have spent MANY hours researching, going to the courts, filing paperwork, driving etc. Can I include all fees for paperwork (official court copies, reg'd letters, writ) Can I levy state income tax or file for contempt of court order to pay judgement? I also have a piece of paper with her signature, not court papers, litterally a piece of notebook paper that I wrote LL agrees to pay sec deposit within 21 days of vacating. I believe it is unethical for an attorney to have an outstanding judgement for 4 yrs. Do I report her to Lawyers Professional Responsibilities Board and/or similar? Is another way to find another bank to levy, other than seeing where my checks for rent were cashed? Any help would be greatly appreciated.
 


Cvillecpm

Senior Member
You should CHECK OUT THE EVICTION RECORD FOR YOURSELF.

6 years later is WAY PAST the statute of limitations.
 

johnd

Member
In Wisconsin, "stricken" simply means it is taken off the record, as in court record. We use term "vacated" for making a judgment nil. You may want to first check with the clerk to find their use of the term stricken. Also, the statute of limitations is six years in Wisconsin for evictions. I do not know what it is in Minnesota...again, check with the clerk. Finally, to have the record corrected, an appearance must be made court.
 

OrdinaryAvgGuy

Junior Member
Also, the statute of limitations is six years in Wisconsin for evictions.
So does this mean that the eviction on my record should be removed? Or is it that I have no legal recourse for the judgement?

Finally, to have the record corrected, an appearance must be made court.
Meaning an expungement hearing? Do I have to pay $250 even though we were not ever evicted?
 

OrdinaryAvgGuy

Junior Member
Statute of Limitations

If you guys are refering to the statute of limitations on the oustanding judgement (yet to be settled) I have been told that there is not a statute on the length of time to collect on a judgement. Was I misinformed? Or did I misunderstand your reply? The eviction hearing date (refer to the first weblink) was 3/27/03. We moved in in 2001, sorry for the confusion. The second case had an outcome date of 8/25/03, so only 4 yrs.
 
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