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Elise W | Apartment Legal Question? |
I moved from my old apartment complex in May of 2006, at that timeI provided them my new address and contact # because i knew i was going to own money for minor damages. In august i recieved a letter from a rent debt collector stating that i owned money and if i didn't pay in 30 days it was going on my credit. I contacted the apartment and they stated it was not their responsibility to track me down. I paid what they said i owned and recieved a letter indicating i have a zero balance with them. Yesterday i recieved a letter from the same collector stating i owned MORE money to the apartment complex. I contacted the apartment again, and they stated they would have to get back to me. Can they legally keep attacking me and theating that I pay them or have negative info reported on my credit? |
 |
 
cloothe
|
If you have paid what they say you owed, they cannot come back for more money unless there is some new basis for it. And since it is 7 months since you left that apartment, I cannot even conceive a legitimate basis.
Most states have a law against what is called "defamation of credit." Basically, that means that if they attempt to falsely put defamatory (untrue and damaging) information in your credit records, you are entitled to damages from THEM. A lot of lenders don't know about these laws--or at least, they hope that *you* don't know about them.
I cannot give you specific legal advice here, and in any event you need to check the local law. But it seems to me that a trip to small claims court may be in order. That is likely to shut them up permanently. Good luck!! |
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travelguruette
 |
No they cannot. You might send the debt collector a copy of your receipt showing paid in full. They may not know and have added interest. Otherwise see if you have a fair housing board in your town and they can help you. |
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curmudgeon
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Copy the letter with 'zero balance' and send it to the Collection company. Legally you are now off the hook. |
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newyorkgal71
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Mail a COPY (you keep the original letter) of the letter that states you have a "zero balance, to the collection agency, with a note stating that, according to the apartment complex, my account with them is, paid-in-full and no other money is due to them. (Keep a copy for your records.) |
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clippers
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I think it is time you call an attorney for advice. This happens too many times in life. |
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Munya Says: GFOD
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It SHOULD state in the lease/rental agreement about disposition of security deposit/damages, etc.
Mine says notification will be in writing within 10 working days of disposition of deposit and expenses, if applicable.
Contact a lawyer. Sorry, but you might end up in court anyway, so call someone. Better to pay for a 50$ letter from an attorney now (to the collection agency) than to be sued for a grand later! |
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vicky o
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Hang onto that letter you received, now contact that debt collector and tell him the check number of the check number that paid the debt or get a fax number and fax him a copy of that letter , then contact the credit bureau and do the same thing.But hang onto that letter as proof that the debt was paid, even 10 years from now, cause one in that list of people can allways come back and say oh they lost their copy. |
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tewarienormy
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Yes, Send a copy of the letter you got from thr landlord to the Collecting agency. |
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Crazy Cat Lady >^..^<
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First was you lease up? did you give a least a 30 day notice befor you moved? If yes on both ..then you should take them to small claims court for harassment.especially if you left a contact number befor you left to be reached it is their (the managements responsibilty to call you..).If you still owed money on your lease. |
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Jay S
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Contact the consumer protection division of your state attorney general's office and the FTC. See info below. |
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native
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if you have proof that you paid sent that to the collections agency. |
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boston857
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No! It could be that the debt collector was not notified that you had paid the landlord. Just send the collevtion agency a copy of the letter you received from the landlord showing the zero balance and that should take care of it.... |
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kja63
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No, they can't. Send a registered return receipt requested letter to the collection agency. Include a copy of your "0-balance" statement from the apartment complex. Tell the collection agency that any further contact, attempted contact, or threats on their part will be considered harassment and libel and that you will take legal action against them. |
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Darby
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You need to schedule an appointment with the people who are writing to you and take all your papers with you. If that is not possible, write to the collection company just like you have written here, tell them that your records indicate that the account was settled on such and such a date and make copies of your papers, cancelled check (or method of payment) and send it to them. Give them one more chance. Put everything in writing and send it by "certified/return receipt requested" from the post office. Good luck. |
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?
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Keep the letter stating that you owe them a zero balance. That was should they take you to court or try to put it on your credit you have proof and can have it removed. |
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Ralph T
 |
No,sent a copy of the receipt for the money you paid to the apartment complex along with a letter to cease all collection attempts or you will have to take legal action.
As for your credit.they can report it,but you have the right to challenge the report.
If you submit proof that the report is false or the information is incorrect,the reporting agency must prove it is correct or remove the report from your file. |
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Kris L
|
Your questions have 'good answers' that vary from state to state and even city to city. You need to contact the 'lanlord/tenant ombudsman' for the city in which you lived in that apartment, with all (or as much as you have kept) of the 'documents' that will help 'prove' your side of the argument ... and DO EXACTLY WHAT THEY TELL YOU TO DO. If there is not a 'landlord/tenant ombudsman' or agency in the city where you lived, then you may have to do some 'research' to find which agency 'covers' this area of 'business.' Because you didn't say EXACTLY what they were 'charging you for' or whether or not you actually do owe them anything, I can't say what the effect of this on your credit.
To be honest, if you have paid nothing toward this 'debt' so far, you might be 'better off' if you could pay all of what they say you owe and then 'sue them' to get any 'extra money' you feel that you are being charged, but please remember that if you had a lease, there is probably a paragraph in it that says that YOU 'are responsible' for any/all fees/money spent that is necessary for them to spend in getting you to 'settle' the original debt. That means YOU must pay for everything they spend NAGGING you for payment. Your ONLY HOPE is if you can PROVE that you gave them your forwarding address and if you moved again after that you left an 'easily followed trail' of addresses. I'm sorry, but it should NOT TAKE 2+ months for them to get you a full/ complete list of the 'charges' against you, which you can do if you 'wrote it on the computer' and kept a 'copy' of that letter on file ... even if YOU can't see it, the DATE that letter was written and the date it was printed should be on your hard drive ... and if you must, you can have a 'computer professional' help you 'pull that info out in a 'readable' manner and if this 'case' is decided in YOUR favor, then the cost of this will probably be THE LANDLORD's to pay 'as ordered' by the 'court' or 'ombudsman' or whoever is the FINAL GOVERNMENT AUTHORITY that 'handles this' for you.
Further, yes, they CAN keep attacking and threatening you about this, and they can have it put into your credit report, and even if you 'win' this case, some information will probably still be 'available' to any potential creditors about the WAY you take care of this, even if they are forced to 'remove' the original charges against you. |
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lifesajoy
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No - they can't |
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