Collection Agency action on a disputed debt

Discussion in 'Credit Talk' started by Bholeyr, Aug 7, 2009.

  1. Bholeyr

    Bholeyr Member

    Need some help here. I lived in an apartment and left apartment in good condition. Later received a notice from Apartment manager (landlord) to pay for carpet replacement. I disputed the claim and requested for a joint walkthrough which was not responded. After almost two month later, only when I involved my countyâ??s consumer affairs department. landlord scheduled apartment walkthrough and I found that the carpet was stained by paint during the renovation by landlord after me vacating the apartment. I disputed the landlordâ??s claim in writing.

    This week, I received a threatening call from a collection agency threatening that they have already send me a notice and that I need to pay this debt immediately. Now, I have following questions:

    1. I never received a written notice from this agency. Does it mean that I lost my thirty days time to dispute this claim?
    2. I never recognized and accepted original creditorâ??s claim of debt. How this collection agency can force me to pay for a debt that I never recognized as a valid debt. Does it mean that any one can print a statement or an invoice and give to a collection agency and try to make some quick money.?
    3. As I understand, Collection agency can easily validate this debt by providing me my account statement from landlord showing an outstanding carpet replacement charges and also provide me original creditorâ??s name and address and amount as required by the law.

    Can some one please help me in this situation. What should I do. Thank you.
     
  2. jjgross

    jjgross Well-Known Member

    Did you take pictures of the paint stain,or any other stains made by clean up crew.Did the landlord agree with it being paint stains?You can dispute without a letter,if the first contact was via phone i would use that date.Don't respond to them anymore,send the dispute asap.Inform the landlord that you are prepare to settle this in court,be prepare to defend yourself.
     
  3. apexcrsrv

    apexcrsrv Well-Known Member

    Request validation from the debt collector immediately. Inform the landlord of your action and that if this item is placed on your credit report you will impute liability to him in a civil action.
     
  4. Bholeyr

    Bholeyr Member

    I sent a dispute letter to the CA today via certified mail. I dont have the pictures but after inspection, next day I had informed land lord via certfied mail that I'm not liable for those paint stains. I have return receipt of this letter. Landlord did not respond to this. I am still wondering about the legality of CA action to attempt to collect an alleged debt which is disputed with the original creditor?
     
  5. Hedwig

    Hedwig Well-Known Member

    Have you checked your state's landlord-tenant laws? Some states say there has to be a walk-thru when you leave, signed by both parties, or they can't claim any damages. Some states don't require anything. So the first thing to do is find out what your state laws are.
     
  6. Dumb Bob

    Dumb Bob Well-Known Member

    And maybe even a walk through when entering the lease. If the rules aren't followed exactly, it might be possible to force an end to it right there. This might also include landlords that believe that the damage deposit is something they get to keep for Christmas money.

    The residential landlord tenant laws tend to protect the tenant against the landlord because the landlord is assumed to know what he's doing. These protections often don't exist in commercial leases. So, yes, without doubt, he should read the relevant state laws.
     
  7. Bholeyr

    Bholeyr Member

    I live in Florida. My lease agreement gives me right to perform a closing joint walkthrough. However, landlord (a big apartment complex) did not return my calls for walkthrough (I vacated on Saturday and office was closed, next day was Sunday, so I called on Monday). After couple of days I received a message that I will be charged for carpetâ??s â??lost lifeâ?. I again called and asked for a walkthrough to see the condition and I was told everything need to be in writing. After getting no-where with the landlord, I filed a complain with Palm Beach Countyâ??s Consumer Affair department and after almost two months later I was given access to the apartment which was re-painted and carpet was messy and stained with paint. I sent my dispute letter to the apartment management, which was never responded. Now I am being contacted by a DC telling me that I owe them money. Greatâ?¦.

    What I donâ??t understand is that what rules govern my situation. It is not a credit card loan where I took the money used it and not paying or received medical services but did not paying. This is clearly a different situation where I donâ??t even recognize the debt. I dont think that debt validation can provide me any help as the DC will simply provide me name address, amount and a statement from the landlord. Can any one shed some light (will be great if I can get some legal reference).
     
  8. Hedwig

    Hedwig Well-Known Member

    It doesn't necessarily matter what's in your lease. What do your state landlord-tenant laws say?
     
  9. Dumb Bob

    Dumb Bob Well-Known Member

    The law in Florida is probably a good place to look first. Dumb Bob just googled this, so it's just what he found in a few minutes of searching. Did the following occur?:

    Statutes & Constitution :View Statutes : flsenate.gov

     
  10. Bholeyr

    Bholeyr Member

    Thanks for your attention. Yes this occured. I received a notice from landlord and disputed landlord's claim within 30 days as required by the law and I have the evidence. This is why I dont recognize this a valid debt. This is a disputed claim of debt ended up in the hands of a DC because original credit owner consider this an easier way to make some quick money then going into court and proving their case. This is why I questioned whether a DC can attempt to collect an alleged debt. If they can, then what is the best strategy to deal with this situation.
     
  11. apexcrsrv

    apexcrsrv Well-Known Member

    Sending a dispute to an original creditor such as a landlord has no teeth. You must send it to the debt collector which you did in a timely fashion.

    I don't think there is anything else you can do at this point except maybe suing the landlord for defamation if the debt collector reports (also, sue the debt collector for continued collection activity).

    An aside, the carpet issue is ridiculuous. That is simple wear and tear and you cannot be held accountable for merely walking in your residence.
     

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