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How to unring the bell? How can we get a case expunged? Lawyer advice needed

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

This question is closed.
Answers (9)
  • Look up your state laws. You can get it expunged but there is a process you have to go through and it costs money.

    Answer by kmath at 5:27 PM on Nov. 25, 2013

  • sicks but
    you show up in court
    show your check
    explain exactly what you told us here
    judge will dismiss
    ask judge to have it be expunged - do not know if it can be done, but if anyone can- judge can?
    AND ask for $ for the time you had to take off of work
    this is THEIR error, and they should have to pay to have wasted your time and the courts
    if there are court costs, they will have to pay

    this sucks

    maybe someone will have better advice

    Answer by fiatpax at 5:19 PM on Nov. 25, 2013

  • it will show dismissed in your favor you cant expunge it, its not a felony or anything

    Answer by luvmygrandgirl at 5:20 PM on Nov. 25, 2013

  • You show up in court with your proof of payment and a copy of the cancelled check (both sides) and the bank statement and it will be dismissed.

    Answer by tyfry7496 at 5:39 PM on Nov. 25, 2013

  • I agree with paxy. You are on the right side of the law. Go in there with your proof, and demand to be compensated for your time off work, any fees you paid to your bank, to have copies made, etc

    Answer by PartyGalAnne at 6:03 PM on Nov. 25, 2013

  • You can only expunge serious charges, arrest records or such, you get to this once in a lifetime, this should not be used for something you can clear up with the judge.

    Answer by older at 6:42 PM on Nov. 25, 2013

  • The property manager said it would be dismissed so that's not the problem. We just want it removed from the public records. I found an attorney who says free consultation so I may call him tomorrow and see what they say and not listen to the rental office's attorney.

    Comment by Anonymous (original poster) at 7:57 PM on Nov. 25, 2013

  • So I will have to show up in court and not just call for the paperwork? Great 8:45 in the morning and the kids have to be in school at 9:15. Another problem since there's only one car. Lovin' it,, jut gets better and better

    Comment by Anonymous (original poster) at 7:57 PM on Nov. 25, 2013

  • Have you already signed the credit check paperwork for the job? If so, you may already be too late, but a dismissal plays in your favor so I truly wouldn't worry about expunging.

    Answer by gdiamante at 12:00 AM on Nov. 28, 2013