Need some law advice

Jun 25, 2002
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Okay, I am being really unfairly treated and unfortunately I need to have a better understanding of what my options are.

Here's what happened: I and some friends rented a house. The house had some work that needed to be done to it, which were documented in the initial inspection. One of these things was to seal the awnings so critters couldn't get in. This, among other things, continued to not happen for months and months. One day, squirrels begin to get into the attic. One chews through a water pipe and partially destroys a ceiling in one of the bedrooms.

I call the property management company and tell them squirrels are getting in. Nothing happens. My particular realtor goes on leave and is replaced with someone else. I tell this new person what's going on. She calls a pest control company to come to the property and trap some squirrels. They do this; catch about six over a two week period. Didn't really stop the problem since the problem was the awnings, but that's all you need to know for the sake of the story.

A month later I get a call from the pest control company. There is a bill outstanding and it is in my name, they say. I tell them that it was the property management company that called them, and is responsible for payment (they are.) They say okay.

Another month later I get the same call. I tell the pest control company the same thing. I call my property management company. My original realtor is back. I tell them that the pest control company is calling me. He says it will be taken care of.

Another month later I get the same call and a notice that it is going to go to collections. I tell them again that it was the property management company that is liable for payment. They say they can't get in contact with them. I call the property management company. The realtor now says 'I have talked to them and they're not listening.' I ask what that means. He says 'I didn't call them.' He didn't; the temporary realtor did, who no longer works there. So the property management company is obviously still liable for their employees actions. But this guy is denying it.

It really blows my mind that adults can act this way; but beyond that, the bill for reasons uknown is in my name and is threatening to go to collections. I am not responsible for payment of this in any way, but I've got two companies that refuse to cooperate.

What should I be doing? I have never engaged an attorney myself but I feel that this is where it is heading. I just want to defend myself from being treated unfairly. Any advice you can offer would be appreciated. Thanks for reading.
 

Vette73

Lifer
Jul 5, 2000
21,503
9
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Follow the rules. NO MORE PHONE CALLS!!!

Send a certified letter to both the realtor/office and one to the pest control. The realtor letter should say you are getting billed for something their office started. The letter to pest control says you never called them, requested service, and/or agreed to have service done. Tell them the realtor office asked for the service and give their information.


 
Jun 19, 2004
10,860
1
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Originally posted by: Marlin1975
Follow the rules. NO MORE PHONE CALLS!!!

Send a certified letter to both the realtor/office and one to the pest control. The realtor letter should say you are getting billed for something their office started. The letter to pest control says you never called them, requested service, and/or agreed to have service done. Tell them the realtor office asked for the service and give their information.

Then move
 
Dec 10, 2005
29,799
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Originally posted by: FightingChance
I am moved out, thank god.

What constitutes a 'certified' letter?

Type something up - print out 2 copies: 1 for your records, one for mailing. Go to post office with letter in envelope, send it certified mail (gets a signature when received and sends you that confirmation back).
 

Injury

Lifer
Jul 19, 2004
13,066
2
81
Originally posted by: Marlin1975
Follow the rules. NO MORE PHONE CALLS!!!

Send a certified letter to both the realtor/office and one to the pest control. The realtor letter should say you are getting billed for something their office started. The letter to pest control says you never called them, requested service, and/or agreed to have service done. Tell them the realtor office asked for the service and give their information.

Yes. Do this and check if your state laws allow you to put rent in escrow until agreed upon maintenance actions are performed. If not, check if the laws allow you to make the repairs and deduct from your rent the cost of the repairs. Before doing this, include in your certified letter that if you don't see action or hear response on the landlord's part in making the repairs that you do this.


I say it in almost every landlord/tenant thread, but the BEST way to get someone to do something is to make it THEIR problem. The best way to make it their problem is to hit their wallet.


Do you have it in writing that the repairs will be made? If not, it's pretty much all hearsay.

 
Jun 25, 2002
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The time has long since passed that I can prove that the property management company failed at their end of the bargain on several accounts. If I detailed the things that have happened to my roommate and I you would all get mad at me for not having taken action sooner. Truly, I have been a fool.

I am not looking for reimbursement of anything, I just don't want to be billed for something that's not my responsibility.
 

Turin39789

Lifer
Nov 21, 2000
12,218
8
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Originally posted by: FightingChance
I am moved out, thank god.

What constitutes a 'certified' letter?

Type it up, print two copies, sign then both, take it to your bank and have it notarized for added authorityness power, then go to post office, tell them you want to send it certified mail return reciept(CMRR), you'd end up blowing $5 per letter sent.
 

Injury

Lifer
Jul 19, 2004
13,066
2
81
Oh. Well, now that I know you are moved out, your best recourse is to send a certified letter to all parties involved informing them that you aren't responsible for this debt and that any continued contact regarding it would be considered harassment... etc. etc. Still, stick with Marlin's advice.

No matter what you do, don't contact these people by phone any more and if they call you asking you to pay the bill then tell them they need to contact you in writing from this point forth. Any correspondence you receive (IE: BILLS) make a copy of and send the copy to the landlord via certified letter requesting that pay the amount in full. DO NOT under any circumstances pay this bill or imply that you will pay it.

This is more of a question of fixing a potential hit on your credit than a landlord/tenant situation.
 

Injury

Lifer
Jul 19, 2004
13,066
2
81
Originally posted by: Turin39789
Originally posted by: FightingChance
I am moved out, thank god.

What constitutes a 'certified' letter?

Type it up, print two copies, sign then both, take it to your bank and have it notarized for added authorityness power, then go to post office, tell them you want to send it certified mail return reciept(CMRR), you'd end up blowing $5 per letter sent.

Yup. The post office has these handy cardboard envelopes with a window on one side so you can stuff the letter in a regular envelope and address it as normal, but don't put postage on it.
 

OCGuy

Lifer
Jul 12, 2000
27,224
37
91
In order for a collection to hit your credit, the pest control company would have needed to obtain your SS# somewhere.

They cant report onto a credit report using name & address alone.
 

sjwaste

Diamond Member
Aug 2, 2000
8,757
12
81
How much is the bill? If you can afford it, pay it, then file in small claims against the landlord and property management company. Bring your documentation.

Also, if it goes to collections, go read Fatwallet Finance and Debtorboards on how to deal with that. I think there's something about filing for verification and all, and other steps you can do to get it off your back.

If it were me and it were like $100, I'd pay the bill, send proof of payment and a bill to the manager and landlord. Demand payment within 30 days. If they balk, I'd immediately file in court. Depending on your jurisdiction you may be able to ask for the court costs in the demand.

EDIT: Marlin's advice is great. The only reason I suggested paying it is to make sure it stays off of your credit file. Whether or not they can get it on there properly, getting it removed is sometimes difficult. If that's not a concern or a calculated risk, I'd go with what Marlin said. If it's already gone to collections, it might not be something you want to pay. At that point, the damage is done, right?

As always, legal advice obtained off of a message board isn't actually legal advice. I'm not a lawyer. Might want to contact someone who is, though.
 

Injury

Lifer
Jul 19, 2004
13,066
2
81
Originally posted by: sjwaste
How much is the bill? If you can afford it, pay it, then file in small claims against the landlord and property management company. Bring your documentation.

Also, if it goes to collections, go read Fatwallet Finance and Debtorboards on how to deal with that. I think there's something about filing for verification and all, and other steps you can do to get it off your back.

If it were me and it were like $100, I'd pay the bill, send proof of payment and a bill to the manager and landlord. Demand payment within 30 days. If they balk, I'd immediately file in court. Depending on your jurisdiction you may be able to ask for the court costs in the demand.

EDIT: Marlin's advice is great. The only reason I suggested paying it is to make sure it stays off of your credit file. Whether or not they can get it on there properly, getting it removed is sometimes difficult. If that's not a concern or a calculated risk, I'd go with what Marlin said. If it's already gone to collections, it might not be something you want to pay. At that point, the damage is done, right?

As always, legal advice obtained off of a message board isn't actually legal advice. I'm not a lawyer. Might want to contact someone who is, though.

Don't pay it at all. Acknowledging the debt in any way is going to make it harder to remove from your record. It would actually be better to let it get on to your credit record and fight it than to pay it. Even if he DOES pay it they can still put black mark on his credit (considering the bill is apparently over 90 days outstanding it'd be one of the worst marks you can have if you're trying to get a better rate on your CC) and by paying it he will have only acknowledged the debt.
 

torpid

Lifer
Sep 14, 2003
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How could squirrel removal possibly be the tenant's responsibility? I can see how people would claim ant removal is since you can exacerbate the problem greatly with uncleanliness. But come on, squirrels? What did you do, line your home with birdfeeders and acorns?
 
Jun 25, 2002
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I just got an automated call and voicemail from what would seem to be a collections agency. I haven't called back yet. Should I? Or should I keep everything in writing?
 

Injury

Lifer
Jul 19, 2004
13,066
2
81
Originally posted by: FightingChance
I just got an automated call and voicemail from what would seem to be a collections agency. I haven't called back yet. Should I? Or should I keep everything in writing?

writing only.

Ever.

If you can save the voice mail as a file to your computer go ahead and do so.

I take it by the fact that you're still getting calls you haven't taken any of the suggestions?
 
Jun 25, 2002
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I typed up and had notorized a letter stating that I was not responsible for nor approved the charges, and mailed it to the pest control company back in August. I have not heard anything from them or about this since then. (I never got a reply either.)
 

Garet Jax

Diamond Member
Feb 21, 2000
6,369
0
71
Originally posted by: FightingChance
Okay, I am being really unfairly treated and unfortunately I need to have a better understanding of what my options are.

Here's what happened: I and some friends rented a house. The house had some work that needed to be done to it, which were documented in the initial inspection. One of these things was to seal the awnings so critters couldn't get in. This, among other things, continued to not happen for months and months. One day, squirrels begin to get into the attic. One chews through a water pipe and partially destroys a ceiling in one of the bedrooms.

I call the property management company and tell them squirrels are getting in. Nothing happens. My particular realtor goes on leave and is replaced with someone else. I tell this new person what's going on. She calls a pest control company to come to the property and trap some squirrels. They do this; catch about six over a two week period. Didn't really stop the problem since the problem was the awnings, but that's all you need to know for the sake of the story.

A month later I get a call from the pest control company. There is a bill outstanding and it is in my name, they say. I tell them that it was the property management company that called them, and is responsible for payment (they are.) They say okay.

Another month later I get the same call. I tell the pest control company the same thing. I call my property management company. My original realtor is back. I tell them that the pest control company is calling me. He says it will be taken care of.

Another month later I get the same call and a notice that it is going to go to collections. I tell them again that it was the property management company that is liable for payment. They say they can't get in contact with them. I call the property management company. The realtor now says 'I have talked to them and they're not listening.' I ask what that means. He says 'I didn't call them.' He didn't; the temporary realtor did, who no longer works there. So the property management company is obviously still liable for their employees actions. But this guy is denying it.

It really blows my mind that adults can act this way; but beyond that, the bill for reasons uknown is in my name and is threatening to go to collections. I am not responsible for payment of this in any way, but I've got two companies that refuse to cooperate.

What should I be doing? I have never engaged an attorney myself but I feel that this is where it is heading. I just want to defend myself from being treated unfairly. Any advice you can offer would be appreciated. Thanks for reading.

How did the pest control company get your social security number? If they don't have then going to collections is meaningless since they can't affect your credit and they have no proof of you initiating their service.
 
Jun 25, 2002
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I am not sure how or if they got my social security number. Are you sure that an SS# is so necessary to initiate collections? I have never interacted with this company personally except to a CS agent regarding the bill over the phone.

I would not be surprised if the property management company volunteered my information to this pest control company in an effort to direct the bill at me.
 

Injury

Lifer
Jul 19, 2004
13,066
2
81
Originally posted by: FightingChance
I typed up and had notorized a letter stating that I was not responsible for nor approved the charges, and mailed it to the pest control company back in August. I have not heard anything from them or about this since then. (I never got a reply either.)

Did you send it certified?

If so, you have a copy of the document and proof that they received it... and if so, contact the FCC regarding being harassed.
 

Garet Jax

Diamond Member
Feb 21, 2000
6,369
0
71
Originally posted by: FightingChance
I am not sure how or if they got my social security number. Are you sure that an SS# is so necessary to initiate collections? I have never interacted with this company personally except to a CS agent regarding the bill over the phone.

I would not be surprised if the property management company volunteered my information to this pest control company in an effort to direct the bill at me.

I am not 100% sure. But I am almost certain that they can't affect your credit without your social. At that point going to collections is meaningless since it won't go on your credit report and they have no proof that you initiated the work so it will be hearsay.

Check with a lawyer just to make sure.
 
Jun 25, 2002
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Well, after a little research, this 'CMI group' (1-800-543-5788) is either erroneous or collecting for Comcast/Time Warner. So there is an equal chance this is a scam or legit but erroneous (my balance is $0.00 since I cancelled my Brighthouse internet.) I guess a proper collections group sends mail rather than calls anyway. I will see if the calls keep coming.