Whittier, CA asked in Bankruptcy, Collections and Landlord - Tenant for California

Q: Hi, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect mo

LIVE IN CA, I do have eviction on my record. it's from last year. my previous land lord's lawyer keeps calling me to collect money. i can't make a peyment now. would they send it to a collection agency or suing me in court. if any of those happen could i still settle a payment with the previous landlord or collection company in order for them to remove (expunge) the eviction from my record?

3 Lawyer Answers
Harlene Miller
Harlene Miller
Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: Whether or not you can negotiate payments with a creditor really depends upon the creditor's willingness to do so. Calling and telling them you have no money isn't going to resolve anything. I understand they evicted you but did they also sue you for the balance due to the landlord? Are you sure that the landlord is calling you or some representative of the landlord - or a collection agency. There is a lot to know about trying to negotiate with someone to resolve a debt and I urge you to find out more about the status including how much is owed. Some of us bankruptcy attorneys offer a half hour no charge consult which might be helpful for you to get some initial assistance.

Peter Maurice Lively agrees with this answer

Peter Maurice Lively
Peter Maurice Lively
Answered
  • Bankruptcy Lawyer
  • Culver City, CA
  • Licensed in California

A: While you could potentially settle this debt and have a reference added to your credit report that the debt has been settled, Fair Credit Reporting Act allows accurate reports to stay in your credit for 7.5 years from the recording date.

A bankruptcy discharge removes derogatory credit reporting.

Whether or not a bankruptcy is a better option for you there debt settlement depends on many different factors and should be evaluated with an experienced bankruptcy attorney.

Manuel Alzamora Juarez
Manuel Alzamora Juarez
PREMIUM
Answered
  • Landlord Tenant Lawyer
  • Berkeley, CA
  • Licensed in California

A: First of all. Is your rent due from before the bankruptcy? If so, it is illegal for the lawyer to call you, specially if the debt was discharged by the bankruptcy. If the rent due is for payment due after the bankruptcy, then it is ok for the lawyer to do everything within legal means to collect from you, including referral to a collections company. Best of luck

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