I lived in an apt complex for a few months and I cancelled the contract giving my notice and the termination fee of $720 (rent payment) becuase I was buying a house. Now the apartment complex sent me to a collection agency and they sent me a letter saying that I owe $1011. I sent a dispute letter to them. They called me at work which they are not supposed to and the collection person yelled at me and told me that I owe that money beucase of damages. I left the apartment in the same way that they gave it to me the 1st time, in excellent condition and I have witnesses. Also the kept the $200 deposit. I heard that if I write a dispute letter they can not report me to the credit bureaus, which I did write it and sent. I need help and orientation if someone have go thru this before or any legal advise. Thanks!!
2006-07-21 05:49:22 · 12 answers · asked by Anonymous in Business & Finance ➔ Credit
I advise you to contact a lawyer. It sounds like they are being unfair, and a lawyer could help. Imagine if the apartment complex or collection agency got a dispute letter from a lawyer! I think that may change their tune a bit.
For $17 (in my state) a month I can call an attorney in every area of law (like landlord/tenent) and get their advice on how to handle a situation. In fact if they feel a phone call or letter would help they will do that. All for the same fee, no extra cost. And their is so much more. I encourage you to check it out.
2006-07-22 06:09:30 · answer #1 · answered by Anonymous · 1⤊ 0⤋
Forget the nonsense about calling the Attorney General's office or the Better Business Bureau. The AG doesn't waste their time on petty civil suits unless there is a class action involved. As for the BBB....this is a group of businessmen who police themselves. They have no legal authority, don't help you in any way. I've found them a total joke and a waste of time to deal with.
If you want to waste money on a lawyer who will do the same things I'm gonna tell you, go ahead.....
I recently helped someone in the same type of situation. They left and were hounded over a couple months of the remaining lease that they didn't actually owe, and damage to the apartment (which was documented as already being there when they moved in).
First, lets get this idiot Collection Agent off your back. Send him a "demand to validate" letter (see a sample below). Demand that he produce all contracts, bills, receipts, and everything used to show you have a legal obligation to pay anything. Include a statement that they can no longer contact you...cease and desist all communications.
Send a dispute letter to the collection agencies to make sure this doesn't appear on your report. Note that disputing it does NOT remove the listing. Only the creditor/collection agent can do that. But if it still remains on your report, and you do not get proper validation information from the collection agent, you can sue them for $1000 in small claims court for posting unvalidated items to your record.
Filing a lawsuit for violation of the Fair Credit Reporting Act is simple. It's a small claims suit and not expensive. You don't need a lawyer.
2006-07-21 16:31:56 · answer #2 · answered by Anonymous · 1⤊ 0⤋
well, in today's times collection is a hot business. people will buy old outstanding balances and make a profit off what is collected. so, anyone can call you to try to collect, however, if you state that you are at work and it will hinder your job to receive phone calls at work, then they have to abide by those wishes. to be safe i would send a letter to the agency explaining that they are to NOT call you at work, etc. be sure to keep a copy yourself.
now, as for the apartment complex....sounds like they are doing some dirty dealing.
i would first, contact the apartment complex and ask for a list of these "damages" and costs. then, i would also ask why there was no attempt to collect this money from them. most places will use a collection agency as a last resort, so did the apartment complex try to collect themselves??
also, i hope you have a copy of your old lease. if not, then ask them to send you a copy of your signed lease.
this way you can be sure of what your obligations were upon breaking the lease.
last, i would contact legal counsel. if it seems that you are getting no where with this, then hand off what you have to them and see if they can help.
take care and good luck!
2006-07-21 13:03:11 · answer #3 · answered by joey322 6 · 0⤊ 0⤋
You should contact the rental agency and demand a letter explaining all fees and services that they claim you owe. Make sure you give them a time frame: one week, no more.
Also, you should contact the state attorney general where you live. Make sure you file compliants against both the credit collection agency and the leasing company.
They have to respond to all complaints IN WRITING, which is a pain for them because the forms are huge.
2006-07-21 12:54:06 · answer #4 · answered by Brian L 7 · 0⤊ 0⤋
I honestly would suggest a Pre Paid Legal plan for you. You have an affordable montly membership and can call your attorney for an unlimited number of subjects. They will advise you about all kinds of things and make calls or write letters on your behalf. I would suggest getting this to have some REAL legal help. Most people on here don't really know what the laws are for sure. Trust a professional.
Go to http://prepaidlegal.com/hub/cdmallicoat for more information on this plan.
2006-07-23 16:34:13 · answer #5 · answered by Lady V 2 · 0⤊ 0⤋
Call the attorney general and better business bureau and file a complaint, then call the collection company and explain what attoryney general and better business bureau said and that you are going to get a lawyer and sue if they continue to harrass you. Then call aparetment complex and give them same information.
2006-07-21 12:54:13 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I hope you still have all of your documentation regarding the former rental property. If you do. Call the collection agency and set up a court date. Inform them that you have no intention of paying it and that you want to resolve this in a courtroom setting. Small claims court is the way to go.
2006-07-21 12:58:36 · answer #7 · answered by fraudcop 1 · 0⤊ 0⤋
It's illegal for them to call you at work at least where I live. I hate Collection Agencies they are so rude and annoying. You should seek an lawyer in where you live because this is not legal. Good luck!
2006-07-21 12:53:52 · answer #8 · answered by brooke992002 2 · 0⤊ 0⤋
I think at this point, you've done what you can...now you need to seek legal advise. Collection Agencies are not good for your credit and you want to get this cleared up as soon as possible!
2006-07-21 12:54:04 · answer #9 · answered by earzee 3 · 0⤊ 0⤋
Wow! It sounds like you got lots of money to throw around carelessly.
Got more for me too?
2006-07-21 12:59:55 · answer #10 · answered by Jake 4 · 0⤊ 0⤋