Can a small claims case that never went to court be taken off my record?

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Can a small claims case that never went to court be taken off my record?

My ex-landlord agrees that I was never evicted but there is an eviction on my record. I need this removed. How do I go about taking care of this?

Asked on June 27, 2011 under Bankruptcy Law, Wisconsin

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the case is in the court records, your ex-landlord could file a dismissal with prejudice.  With prejudice means the case cannot be reinstated.  There is a court form for dismissal.  Your ex-landlord will need to check the correct boxes on the form (dismissal with prejudice, dismissal of entire action, dismissal of all parties).  The exact language on the form may vary from state to state.  Don't check without prejudice because that means the case can be reinstated.

In addition to the case being dismissed, if your state has a separate record that landlords can check regarding tenants, that record will also need to be corrected.  A conformed (court-stamped) copy of the dismissal with prejudice and possibly a statement from your ex-landlord signed under penalty of perjury that you were not evicted may be needed to correct that separate landlord/tenant record.


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