Wednesday, April 14, 2004

When Is an Unlawful Detainer Put on Your Credit Report in Minnesota?

Your ability to obtain new forms of credit depends largely on the information contained within your credit reports. Different companies collect information about your history with credit to create these reports, and any negative information on your report can hurt your chances at getting new credit. In Minnesota and all other states, credit report information, such as unlawful detainer lawsuits, is governed by federal law, though when it appears on your report differs.

Unlawful Detainer

    An unlawful detainer is a specific kind of lawsuit, more commonly known as an eviction. If you violate the terms of your lease or do anything else that allows a landlord to evict you, your landlord has to first file an unlawful detainer lawsuit with the court and ask the court's permission to remove you from the property. If the landlord wins the case, you must vacate the property and can be forced to do so by the local law enforcement agency, typically the sheriff's department.

Fair Credit Reporting Act

    The Fair Credit Reporting Act, or FCRA, is a federal law that governs the use of credit reports and applies to Minnesota residents. According to the Federal Trade Commission, negative information such as eviction lawsuits must remain on your credit report for seven years. Generally, this means that once a court rules in favor of a landlord in an unlawful detainer actions, known as issuing a judgment, this judgment stays on your report for seven years after a court issues it.

Credit Reporting Agencies

    There are three primary consumer credit reporting agencies -- TransUnion, Equifax and Experian. These three companies use various methods to collect consumer credit information and include it on credit reports. The FCRA does make requirements about when a company has to include it on your report. Typically, according to California Tenant Law, credit reporting agencies have employees that search courthouse records for unlawful detainer records and do not rely on landlords to provide eviction records. How and when this information appears on you report differs depending on when the company learns the information.

Credit Report and Credit Score

    What effect an unlawful detainer record has on your credit report differs, as well. Different companies use the information on your credit report to determine your credit score, a numerical representation of how much of a risk you represent to a potential lender. A low score means your are risky, while a high score means you are not. Though companies score information differently, an eviction will likely negatively impact your credit score.

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