Apt complex help

[bobdole369]

Minor Update #2 (04/06/2009): Got a letter this past Friday. Apparently they decided to send it off to a collection agency. So basically, I heard nothing in writing from these bozos and they never sent me a bill. Anyone know of any good forums for dealing with collection agencies or maybe a sample letter I can send to start the whole dispute process?

Very common for apt complexes to do. This clears their books and they are washing their hands of it. THey essentially don't see you as a threat and don't give a crap about what you say happened.

First things first - the collection agency is going to contact you. Of course they could sit on the debt forever too and never contact you but most likely you will see a "dunning" letter in the next month or two. You have 30 days to reply in writing (using certified mail return receipt requested of course) - that you dispute the debt. A sample letter might go like this:

6 Apr 2009
OP
123 Fake street
anytown USA

Evil apt complex
456 Fake street
anytown USA

Regarding: (acct # xxxx) whatever "id number" or acct numbers listed on the dunning notice.

Dear Scumbags,

I received this letter on xxx date (important to establish notification date in writing). You claim that I owe xxx. I dispute the character, nature, amount, and validity of the alleged debt. This is your notice that validation is requested. I also request the name and address of the original creditor.

It is inconvenient to contact me at my workplace by US mail or by telephone at any time as I am not allowed calls at work. It is also inconvenient to contact me by phone at my home at any time. All further communications will be via US mail.

REgards,

OP

Don't mention anything about your long sordid trials with the apt complex or that you really don't owe the money. They don't give a fuck. THey have a debt and by god they are going to collect it.

The above letter forces the collection agency to perform a few steps that they may not be able to do. They need to "validate" the debt, which means obtain from the original creditor (the apt complex) - such proof that you are the person owing the debt, that the amount is correct, and a few other things. Lots of places will sell the debt again right here because they no longer have access to this info and its too much work for too small an amount.

It doesn't make the debt go away.

To do that you will need to sue the apt complex over it. I highly suggest hiring an attorney and suing the daylights out of them. You'll get every penny back that you spent - provided you can collect on this lawsuit. Expect at least a $1000 retainer and for this to last for years.

 

[dabuddha]

Originally posted by: bobdole369

Minor Update #2 (04/06/2009): Got a letter this past Friday. Apparently they decided to send it off to a collection agency. So basically, I heard nothing in writing from these bozos and they never sent me a bill. Anyone know of any good forums for dealing with collection agencies or maybe a sample letter I can send to start the whole dispute process?

Very common for apt complexes to do. This clears their books and they are washing their hands of it. THey essentially don't see you as a threat and don't give a crap about what you say happened.

First things first - the collection agency is going to contact you. Of course they could sit on the debt forever too and never contact you but most likely you will see a "dunning" letter in the next month or two. You have 30 days to reply in writing (using certified mail return receipt requested of course) - that you dispute the debt. A sample letter might go like this:

6 Apr 2009
OP
123 Fake street
anytown USA

Evil apt complex
456 Fake street
anytown USA

Regarding: (acct # xxxx) whatever "id number" or acct numbers listed on the dunning notice.

Dear Scumbags,

I received this letter on xxx date (important to establish notification date in writing). You claim that I owe xxx. I dispute the character, nature, amount, and validity of the alleged debt. This is your notice that validation is requested. I also request the name and address of the original creditor.

It is inconvenient to contact me at my workplace by US mail or by telephone at any time as I am not allowed calls at work. It is also inconvenient to contact me by phone at my home at any time. All further communications will be via US mail.

REgards,

OP

Don't mention anything about your long sordid trials with the apt complex or that you really don't owe the money. They don't give a fuck. THey have a debt and by god they are going to collect it.

The above letter forces the collection agency to perform a few steps that they may not be able to do. They need to "validate" the debt, which means obtain from the original creditor (the apt complex) - such proof that you are the person owing the debt, that the amount is correct, and a few other things. Lots of places will sell the debt again right here because they no longer have access to this info and its too much work for too small an amount.

It doesn't make the debt go away.

To do that you will need to sue the apt complex over it. I highly suggest hiring an attorney and suing the daylights out of them. You'll get every penny back that you spent - provided you can collect on this lawsuit. Expect at least a $1000 retainer and for this to last for years.

Thanks for the info. I've never had to hire an attorney before. How much would something like this cost to make it go away permanently? Also, couldn't I make them pay for my attorney costs (if I win)?

 

[waggy]

Originally posted by: bobdole369
Don't mention anything about your long sordid trials with the apt complex or that you really don't owe the money. They don't give a fuck. THey have a debt and by god they are going to collect it.

The above letter forces the collection agency to perform a few steps that they may not be able to do. They need to "validate" the debt, which means obtain from the original creditor (the apt complex) - such proof that you are the person owing the debt, that the amount is correct, and a few other things. Lots of places will sell the debt again right here because they no longer have access to this info and its too much work for too small an amount.

It doesn't make the debt go away.

yeap.

I think that they shouldnt be able to sell the debt once its in dispute. My wife had a collection agency letter arrive claiming she owed them for a apt. She had never lived in that apartment or even the town it was in. We were sent a letter like this to the agency and colled the police and contacted a lawyer about it. we sent documents to the agency and they said they would not try to collect. About 6-8 months latter we get a demand for payment from another collection agency!

We contected them and said whoever sold this to you just screwed you. we contested it and havent heard anything back its been 2-3 years and not on Credit report and there will be hell to pay if it ever shows up.

 

[bobdole369]

I highly suggest hiring an attorney and suing the daylights out of them. You'll get every penny back that you spent - provided you can collect on this lawsuit. Expect at least a $1000 retainer and for this to last for years.

Thanks for the info. I've never had to hire an attorney before. How much would something like this cost to make it go away permanently? Also, couldn't I make them pay for my attorney costs (if I win)?

Likely in the range of $2500 - and you are correct that you will make them pay for your attorney costs.

I think that they shouldnt be able to sell the debt once its in dispute.

Yup, but they do. Stay off the phone unless you are recording, no paper trail that way. They can say whatever they like on the phone and noones the wiser.

 

[bobdole369]

Oh well, the statute of limitation runs out in a year or so.

Please note the difference between "statute of limitations" and "ability to report the debt to the credit bureaus".

Statute of limitations only indicates that if you were sued by the collection agency - you have an affirmative defense and can likely get the suit dismissed with ease. THis varies state to state, in Florida it's typically 4 years.

Ability to report the debt to the credit bureaus is 7 years from the "date of last activity" plus 6 months.

 

[dabuddha]

Update in first post

 

[lupi]

Originally posted by: lupi
Sounds like it's time to get a laywer or accept that your credit report is going to have a hit on it.

I think I'll just quote the above instead of just telling you something like - told ya so.


If you are trying to do this on the cheap, could try to file claim in small claims court or call the clark howard crew.

 

[dabuddha]

Originally posted by: lupi

Originally posted by: lupi
Sounds like it's time to get a laywer or accept that your credit report is going to have a hit on it.

I think I'll just quote the above instead of just telling you something like - told ya so.


If you are trying to do this on the cheap, could try to file claim in small claims court or call the clark howard crew.

Well I never disputed what you said originally I do want to do it on the cheap but I'm not sure on how to proceed. Given that I don't know how to proceed, I figure I should try to find a lawyer but I've never needed one before so hence my other question about how to go about finding one.

 

[TwiceOver]

At this point your credit is going to get dinged no matter what you do.

I'd pay the place and then take the landlord to small claims if you really want your $250 back.

 

[lupi]

http://clarkhoward.com/cac/cac_about.html

 

[James Bond]

Godamn it makes me furious to read this thread. It's unbelievable to me that these crooks can lie and cheat about everything, and no matter WHAT you do (and you seem to have done everything perfectly), you're still going to get fucked.

So STUPID!

It seems like the main piece of evidence would be the "document" that they never sent you which claims you owed them money. Unfortunately, they probably just created a new document and back-dated it. I wish there was a way to check postal records to prove that it wasn't sent on time..

 

[alkemyst]

For anything like this it's best to go to your leasing office and get something signed that your are moving out.

 

[dabuddha]

Old thread but just last night, I got a letter from these assholes again. They're saying they filed the debt with the credit agencies and they want me to call to try to "settle" it. I already filed a dispute with all 3 credit bureaus. The last certified letter I sent them basically stated that "here is the proof showing the debt to be invalid. You are not to contact me unless you have proof showing the debt to be valid" This was over 1.5 years ago as you can see from the age of this thread.
Reading this:
http://www.creditinfocenter.com/rebuild/collectionagencies.shtml
I should be able to take them to small claims court for at least violating the FDCPA? I will be complaining to the BBB, attorney general of Virginia, and the FTC anyways.

 

[BurnItDwn]

I hope you manage to avoid getting the hit on your rating after the 3 bureaus review your dispute. Hopefully the shitty apartment complex and shady collection agency go out of business for their unethical and illegal practices as well...

 

[dabuddha]

I hope you manage to avoid getting the hit on your rating after the 3 bureaus review your dispute. Hopefully the shitty apartment complex and shady collection agency go out of business for their unethical and illegal practices as well...

Your username inspires me Like my dad said, I've already gotten the biggest loans in my life that I'm planning to get (mortgage etc) and have flawless credit so hopefully it shouldn't ding me too much.

 

[alkemyst]

Did you send a registered letter confirming you were moving out?

However; whether your lease expires or not (many are self-renewing), two month notice would have put you out of responsibility in February for intent to vacate in December.

Dabuddha, if they slap a collections on you you will no longer be able to get a mortgage until it's paid.

 

[dabuddha]

Did you send a registered letter confirming you were moving out?

However; whether your lease expires or not (many are self-renewing), two month notice would have put you out of responsibility in February for intent to vacate in December.

Dabuddha, if they slap a collections on you you will no longer be able to get a mortgage until it's paid.

Not a certified letter, it was dropped off in the office in person. In hindsight, I should have sent it certified but I never had issues like this before so it was a learning experience. I'm not too worried about getting a mortgage since I've already got one and I figure that by the time I need another one (if I ever move) this will have been taken off by then.

 

[alkemyst]

Not a certified letter, it was dropped off in the office in person. In hindsight, I should have sent it certified but I never had issues like this before so it was a learning experience. I'm not too worried about getting a mortgage since I've already got one and I figure that by the time I need another one (if I ever move) this will have been taken off by then.

Apartment collections don't always drop off vs time. They can keep updating it as a current debt.

I see it happen a lot.

 

[dabuddha]

Update:

So I called up the apt complex and asked to speak to the property manager. Of course he isn't there. Spoke with the gentlemen at length about the situation and told him the same things I told him previously (they screwed up on the date for the notice to vacate and the carpet issue as well as never sending me a bill within the 45 days) and I let him know that I've been told by my lawyer to give them a courtesy call to see if they'd like to take care of this before we have to go to court.

First he tried to tell me that I'd have to take the collection agency to court and can't take them since they sold the debt. My response was they might have sold the debt but they can't pass the liability on. Everytime he'd try to talk over me, I'd just remind him that I'm just going off of what my lawyer has said to me. They keep claiming they sent me a bill well before the 45 days of vacating the apartment and my response (repeatedly) has been I understand they you guys believe you did and if you could just provide me with some sort of proof like a certified mail return receipt or anything, I'll take it into consideration. Of course they don't have anything.

What's interesting is the person who I had to deal with @ the apt complex 2 years ago "no longer works there" but he wouldn't confirm if she was fired.

 

[Ns1]

Old thread but just last night, I got a letter from these assholes again. They're saying they filed the debt with the credit agencies and they want me to call to try to "settle" it. I already filed a dispute with all 3 credit bureaus. The last certified letter I sent them basically stated that "here is the proof showing the debt to be invalid. You are not to contact me unless you have proof showing the debt to be valid" This was over 1.5 years ago as you can see from the age of this thread.
Reading this:
http://www.creditinfocenter.com/rebuild/collectionagencies.shtml
I should be able to take them to small claims court for at least violating the FDCPA? I will be complaining to the BBB, attorney general of Virginia, and the FTC anyways.

I was going to say EPIC NECRO but this was a real update. wow.

 

[bobdole369]

Looks like you're going to court. I won my case, I still haven't collected the $3k I'm due, and the collection is still reporting on my CR's. One of these days I'll get the judgment collected properly and use that to sue the collection agency.

Of course they don't have anything.

And the onus is on them to prove that you were notified. The only thing acceptable in court that won't get argued to death in discovery - is a certified letter. So unless they have a CMRRR returned, they can't prove it and you win summary judgment of the security and your attorneys fees. Now try to collect it.

 

[dabuddha]

Looks like you're going to court. I won my case, I still haven't collected the $3k I'm due, and the collection is still reporting on my CR's. One of these days I'll get the judgment collected properly and use that to sue the collection agency.



And the onus is on them to prove that you were notified. The only thing acceptable in court that won't get argued to death in discovery - is a certified letter. So unless they have a CMRRR returned, they can't prove it and you win summary judgment of the security and your attorneys fees. Now try to collect it.

Honestly, I'll just be happy to get them off my back, I don't want my security deposit from these crooks