We paid rent on time to the apartment complex and then checked and saw that the check cleared our bank account. But because of a clerical error in the rental office, they posted our check to another apartment's account. Not knowing this at the time, on the 13th of Nov we received a non-payment letter stating that they were taking us to court for not paying rent on time. I got the check number, the cleared date and approval number and within 2 hours I went to the rental office to speak to the property manager. She searched her records and saw that the check had been misapplied to someone else's account. She blamed it on new software that they just started using,,, a clerical error on their part. She said that she would contact the attorney and have him dismiss the case due to their error. Mind you, rent is due on the 1st, with a grace period of the 5th to pay and on or after the 6th is considered late and will incur additional fees. On the 7th they filled for non-payment. She also stated that there was nothing that she could do about the court notice, we would still get a notice about the court date but just call the courts and they would send us a letter showing the case was dismissed. She doesn't control the courts and all she could do was contact their attorney about dismissing the case against us. I just got the court notice today and spoke directly to the attorney on the paper. He doesn't know anything about the case being dismissed against us. He hasn't heard anything from the complex or the property manager about dismissing the case. He stated he won't know anything until December 2nd or 3rd. The court date is the 5th of December. So I asked what can we do about having the records expunged since it was a clerical error and not due to anything on our part. His exact words were "we can't unring a bell. It's part of public records and nothing can be done to change it." I finished with him and called the property manager, who just happened to be out of the office at the time. I left my name & number hoping to hear something in the morning but by 11 a.m. I'll be calling again.
How is that fair to us? When it'll only show that the case was dismissed and not the full details of it being a clerical error on someone else's part. How can we get it expunged from public records? I'm trying to get a job and don't need someone pulling up incorrect information about me.
Asked by Anonymous at 5:14 PM on Nov. 25, 2013 in Money & Work
Answer by kmath at 5:27 PM on Nov. 25, 2013
Answer by fiatpax at 5:19 PM on Nov. 25, 2013
Answer by luvmygrandgirl at 5:20 PM on Nov. 25, 2013
Answer by tyfry7496 at 5:39 PM on Nov. 25, 2013
Answer by PartyGalAnne at 6:03 PM on Nov. 25, 2013
Answer by older at 6:42 PM on Nov. 25, 2013
Answer by gdiamante at 12:00 AM on Nov. 28, 2013
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