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GallopingGrasshopper... | How do I get a collection agency to stop pursuing me for money I shouldn't owe? |
I refused to pay $430.00 to an apartment complex I moved out of because the charges were bogus. I did pay for other charges I thought I was responsible for, like new carpeting. I refused to pay for new countertops, chandelier & blinds because they were poor quality when I moved in however I lost the "check-in list" proving this and the apt company won't give me a copy. I tried to dispute the bill with the apt company but they just sent the bill to collections.
I am now disputing the bill with the agency but they aren't listening. I sent detailed letters and spoke with people on the phone & they are rude and keep insisting the bill is valid . Will they eventually take me to court? How can I get this bill written off and removed from my credit report? I will not pay for it because it is wrong! Please help!
Additional Details
ONLY $430.00??? Maybe it's not a lot of money to some people, but that's a lot of money to me. Besides, I already pointed out twice that I REFUSE to pay it. |
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John G
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I hear you, I really do. Here's the basic deal:
Any charge that is validly in dispute cannot be pursued for collection until the dispute is resolved. What you must do -and apparently have done - is to articulate to the agency the nature of the dispute. Best way is to first of all explain, in writing, via US mail, to the apartment complex why you're not going to pay. Then attach a copy of THAT to your letter to the collection agency and tell THEM that you'll regard any further contact from the as harrassment -which would be BAD NEWS for them if the court agreed with you.
As to the missing list: just go back to the complex -or contact a friend who is still there and get them to give you a copy of THEIR list. I assume it is a standard form given out to everyone. If NOT, and a court action seems probably, you can subpoena it -they HAVE to give it up.
For both agency and complex, find out who the TOP people are. The complex may be owned or managed by some big outfit; likewise the agency may be part of a vast network. On the internet, go to their websites and track down who the top people are. Send THEM copies of whatever you sent to the numbskulls you're normally dealing with.
Your letters should be as detailed as you can make them, without any nastiness or silly threats that invite a fight. The idea here is to build up a chain of correspondence that you can introduce in court should the need arise.
Credit report? Don't fall for this. Unless the record of rent payments is the ONLY item on it, you're fine. In fact, if your report is generally very positive -and the $430 claim is the ONLY item there that looks questionable- you look more like a real person to an actual creditor. I've got a black mark on my report from a co-signing I did 6 years ago -hasn't hurt me one little bit. On the other hand, if you have a string of slow and no pays -you're best bet is to pay the $430 and move on.
Don't give up! |
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Trish
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I believe the apartment complex HAS to give you copies of any records from when you lived there. If they don't then I would contact a lawyer. |
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broken hearted
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My advice to you is take pictures upon start of move in and the end when leaving.. I know its too late for this problem, but my sister had the same problem with an Apt. complex but the truth is by law they have to provide you with a copy of anything you signed.. My sister threated a lawsuit against the office manager and the complex for not giving her copies of which she signed ( she filed a small claim suit ) and within 2 weeks the apt.complex sent her a letter that they had made a mistake and the case was dropped... It costed her 58.00 to file the small claims suit, but they were after her for 2850.00 so you might try that....Good Luck |
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theMeganEffect
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You need to file a grievance with your state credit bureau. They will require that the apartment complex and/or the collection agency provide, in detail, EXACTLY what they say you owe. You can tell the credit bureau why you believe you do not owe this money.
In most cases, if the credit bureau does not receive a satisfactory response within 30 days of their notifying your creditors, they will work to have the debt erased, and remove anything on your credit record regarding this issue.
They may NOT be able to help you, but it is a great place to start.
This service will not cost you a penny. |
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gofrfkim
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Are you just disputing it with the collection agency or have you also been disputing it with the credit bureaus? You need to take your complaint to them also. Document everything, because, it does sound like you will have to go to court behind this if you still refuse to pay. Even if you don't go to court, they will continue to sell your debt and keep it alive for a long, long time. Visit the 3 bureaus to get a free copy of your report, and find out how to dispute with them.
http://www.experian.com
http://www.equifax.com
http://www.transunion.com
Best of luck to you! |
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red3biggs
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Challenge the charge if it is on your credit report.
Send a cease and dissist to the collection agency (make sure it is cert letter that is signed for)
Tell them the next time they phone you want to send a check for the amount owed and ask for their mailing address. Do it as polite as possible so they will want to give it to you. |
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granny_sp
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The do this knowing people do not sue. Please take them to task and go to small claims court and sue for the money you paid. It should be considered normal where and tear covered by the security deposit. A small claims only cost $80.
I lived in a complex that jacked the rent up 300 a month in all units 100 people moved out if the kept each security deposit the made $430,000.00 Not to mention the additional rent per apartment. I took them to court and won. The tried to claim I was responsible for carpet cleaning after living their for 5 years and we did clean the apartment be fore we left. We won.
They are assuming people will not take the time to sue. |
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steve.c_50
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If I felt my claim was solid, I would do a pre-emptive strike by filing a small-claims suit against the apartment complex and the collection agency, subpoena the documents you want, then sue for statutory damages under the FDCPA and FCRA and for harassment, defamation, and anything else you can think of..like damages for extra interest cost because of their false report on your bureau. Calls and letter do not get a collection agency's attention. A summons will.
On the other hand, if you can't prove you don't owe the money, just pay it and move on. It'll be on your bureau for at least 7 years after it is paid so the sonner you pay it the better off you'll be. |
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hdoyle1967
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Go see a legal aide lawyer. If you want to stop it do this, tell them that even though you disagree with it you will pay them a $1 a month until it is paid for. Tell them that you can't afford it and that is your offer. the will refuse and if they refuse then they are refusing to take your money. If it goes to court and you tell the court you agreed to pay them monthly and they refused to accept your offer then it will be thrown out of court. Besides they cannot ruin your credit with $430 it just not enough to make a difference. I wouldn't pay it, it has to be over a certain amount to go to court and they can't do it unless you refuse to pay. They are threatening you with court and the truth is it will cost them more than that to pay a lawyer to take you to court so don't worry about it. There is nothing they can do..
tell them you will see them in court and by the time they decide to take you to court it wont happen because the amount is not enough to go to court. It would cost them a lot of money to hire a lawyer to take you to court over such a little amount. If it does go to court you say I offered to pay them in monthly installments and they refused and when they refuse they are technically refusing your money so they will not take you to court. It happened to me and it was thrown out. Trust me they will not do it. It happened to me over $250 and I didn't pay it and it didn't go on my credit record because the amount is not enough to ruin your credit over. Tell them to kiss the sunny side of you butt. Take care Heather |
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Karma
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They're handling it better than the apartment complex I'm living in. They cut out all the middle-man jibber jabber and take you straight to court. Even worse, they'll demand you pay their lawyer fees for suing you. This means a judgement on the credit history, worse than some flaw from collections. It's really bad here. My neighbors didn't even get a notice that they were short on a payment last month, until they had a subpeona taped to their door anyway. No communication at all, they don't play.
I'm about to break my lease and move out. I have a gut feeling I'll end up in court next month. |
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Helen Scott
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you could sue them. pay the bill with a check, write on the check "paid under diress" or something like that. put something on it that means you paid it but only because you were forced to because they wouldn't stop hounding you. Then sue them for the money back, and a judge will decide whether you should have paid it or not. |
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michael
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they probably wont bother taking you to court... itll cost them too much to make it worth it...
if they do serve you with a subpoena then you will go and plead your case...
if you hire a lawyer to send a cease and desist letter it may cost about the same as just paying them...
good luck |
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Farmwife
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How do you get a collection agency to stop pursuing you for money you owe? PAY UP SISTER!! It's only $430. |
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Sarge1572
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time to go to court. |
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Lelia
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You are going to "refuse" yourself right into a court case. You have no proof of what you state. They can attach interest charges and other stuff. You could end up owing at least twice what you owe now. You're a done dinner. Start paying. |
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predatorpio
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pay the man |
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blazing_fire
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I realize it's a lot of money, bt you DID lose the check in list so you've got no proof and therefore no real case as to who is right and who is wrong. Working for an extremely large apartment complex, and leasing apartments myself, I can tell you this.
If you chose not to pay it. You may end up getting a bad rental history record from this property and as a result of that, it could potenitally catch up w- you in the future, keeping you from living someplace decent or nice.
I would, first call the place where you rented, speak w/ the manager, explain to them how you feel. they MAY be willing to lower the price, and work out a settlement w/ you.
If not then go back to the collection agency, and see if they would be willing to work out a payment arangement, then pay the minimum until it's paid in full. This is a dumb thing to have on your record, and tarnish your credit. |
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