Collection notices?

Question

Can an apartment complex legally send you a collection notice through a collection agency 7 months after you've moved out without first trying to collect the debt themselves? When I moved, I broke my lease and paid the $500 to do so. I also was paid up on my rent. This notice says that $50 was due and payable at the time I moved out. I don't remember anything being said to me or receiving any notification before I moved that I owed them $50 for anything. I called both the collection agency and the apartment complex; no response from either yet. Just looking for advice here people.

Kitty...I'm not sure what you think I've left out of my explanation. I've left nothing out. I paid the $500 to break my lease, I paid all my rent. There is nothing else I owed. Now I receive this letter 7 months later and I'm confused as to what the apartment complex thinks I owe them!

Answer 1

Anyone can turn ANY debt over to a collection agency. They simply act as an agent for the debt holder.

BUT..

When you receive that notice you have certain rights. My suggestions are:

1) Do not call them... that simply gives them your phone number and you can expect THEIR calls in the future (when you dial an 800 number your phone number is logged even if you have ID blocking).

2) You have a specific time line to challenge the bill, it is printed on the letter they sent you (look for the small print on the back sometimes). If you do not feel you owe it, you should WRITE to them at the address given, saying that you do not feel that you owe the debt and requesting written documentation. The credit agency must then contact the debtor and obtain that information and forward it to you. (Fed. law). If you do not challenge it within the timeline given it is presumed that you agree to the debt and amount.

3) You can also include in that written request that they do not call you but only communicate in writing. This is a shaky request... sometimes it is honored often not.. but it can't hurt to ask.

4) If you dispute the charge, you can write a dispute statement and demand that it be included in any reporting that they make to a credit agency

In about 3 to 6 months get a copy of your credit report and see if they have done this. If they haven't then you may have legal redress against the collection agency.

.

Answer 2

The other answers are basically correct...HOWEVER, it seems odd that an apartment complex would bother turning over $50.00 to a collection agency because they (the agency) would get a percentage of that if they collect. Why would a business (the complex) bother with that, I wonder? And why would the agency work too hard to get that money, because frankly the percentage they would garner if and when they collect the $50.00 for the complex, would be so small they are not going to to work too hard to collect. I think there is a bit more to this story than you are telling us. Usually there is something left out of all these types of tales.

Answer 3

Unfortunately yes they can use a collection agency even if they did not try to collect from you first. I would continue to try to get ahold of the apartment complex and the collection agency, there is always a chance that it is just a mix-up and you do not owe the $50.00 since you had never heard of it before now.

Answer 4

Try to contact them agian say I don,t owe you noting or get leagal advice good luck

Answer 5

What Hippy said. Also, look at all of your paperwork again. Look for all the numbers and, specifically, a zero balance.