Re: Re: Re: Re: Re: Need help with collection lawyers aren't always smart about things (what's that joke - a terrorist hijacks a plane full of lawyers and threatens to release one at a time if his demands aren't met?) i think you should ask for some sort of proof of liablity, breakdown of costs and proof of their insurance (or non-insurance if they don't have any)...i believe rentals are required by law to be insured (don't quote me on that). they may have a high deductable which is why they are charging you for that, but unless you are deemed 100% at fault, they shouldn't be able to recover that. i'm curious as to how they arrived at that figure.
Re: Re: Re: Re: Re: Need help with collection I would get the fire report that deems this fire an accident, and just keep it for your records should the need arise. You are still way ahead of yourself in wanting to know how to deal with a CA - stop stressing about a CA when it's not even at that point. Does it say in your lease that if a fire should happen in your apartment you are liable for all damages as a result of such a fire? It's not like you went burning torches and lit the curtains on fire, my gosh. They're trying to take YOU for their irresponsibility with insurance. Well too bad so sad. I would say fight it IF and WHEN it comes to that, until then there's not really anything you can do unless you are sued or a collection agency comes after you - and at one of THOSE points is when you should ask questions - until then it's really a moot point.
Re: Re: Re: Re: Re: Need help with collection Fire report says as ignition factor "misuse of equipment or product" Again, i understand, this may not hold up in court, depending if the firemen appears or not, etc... The lease says that i will be responsible for all damages cause by my negligence. misuse... does not specifically address fire, but says ANY DAMAGES... THe point is, i cant afford a lawyer to fight this anyway, and they are not suing at this point... I am just concerned that they will hand this matter to a CA, and then the idiot CA will report on this to a CRA, without HAVING ESTABLISHED MY FAULT --i really believe that until a judge says that i OWE, i really DONT OWE ANYONE!!! thats why i am aggravated, they for some reason, without even having a jusdgment, they already THINK that i SHOULD PAY THEM!!! But i think i am innocent until proven guilty P.S. THEY KICKED ME OUT OF THE APARTMENT TOO CAUSE THEY SAID I WAS DANGEROUS TO RESIDENTS!!
Re: Re: Re: Re: Re: Need help with collection how did the fire start? do they have a sprinkler system? did they supply a fire extinguisher in the apartment? were you home when the fire started?
Re: Re: Re: Re: Re: Need help with collection shirt got ignited from a track lighting, was not home, sprinkler system damaged 4 floors... big mess but it wont matter any more cause, if this goes to CA, then i wont even have a chance to fight this in court
Re: Re: Re: Re: Re: Need help with collection how were you negligent? they can't send an unsubstanitated claim to collections...they may "feel" you owe this debt, but they need to prove it before they can attempt to collect. based on what you said, a shirt caught fire...was it hanging on the track lighting? it sounds as though the sprinkler system didn't go off soon enough. i think they are threatening to get you to pay because they don't have a valid claim and they know it. have they sent you a breakdown of the bill? how about estimates for repair? i'm really curious about the whole insurance thing.
Re: Re: Re: Re: Re: Need help with collection let me rephrase...they CAN send it to collections, but you DV asking for proof you owe this debt. think about it - maybe they did "additional' work and are tacking it onto your bill? maybe they "upgraded" things on your tab. does it matter if it goes to collections? i think your better off if it does because then the CA has to abide by the FCDPA. BUT i think the landlord would take you to court before sending it off for collection, otherwise it is merely their word that you are liable.
Re: Re: Re: Re: Re: Need help with collection I agree with jenz. kaykay29 IS a collector. So of course she's going to tell you there's not much you can do. That's not true. First of all, someone suggested you countersue for things like pain and suffering, mental anguish, etc. IF YOU ARE SUED. Or you might get a lawyer to try to sue them for this anyway, as a preemptive action. You don't necessarily need to have money. If a lawyer thinks you have this type of case, they usually take it on contingency. That means they take a share (about 1/3) of what you're awarded. If you don't win, you don't pay. While you're at it, sue for the apt. to pay the legal bills as well. Second, as most have said, you're getting WAY ahead of yourself. IF and WHEN a CA contacts you, you have many rights, the foremost of which is to demand validation. How are they going to prove you're liable? If they continue collection activity and can't prove you're liable (which they can't, without a court ruling, which they aren't likely to get), then not only will you end up getting it off your report, you'll make money off the deal as well. They'll end up paying you for your violations. kaykay29 knows this pretty well. Search for all her posts and find out where her finance is out over $100K because he didn't follow the rules. That could be you! In short, get on with your life. IF something else happens, and you have a letter or something in hand, post back and we'll figure out how to take care of it. They're not going to ruin your credit without jumping through some major hoops.
Re: Re: Re: Re: Re: Re: Need help with collection JENZ, thanks for replying. I placed the shirts next to the track lighting which was on a shelf, and i thought i turned it off, but apparently, forgot. so i heated up the garment to the point where sprinklers went off, and a lot of water came out and damaged 3 floors below me. They brought out the ENTIRE TEAM of DEHUMIDIFIERS, that RAN for 2 weeks, they tore up ceilings, walls, you name it.... I have not seen an actual bill, but most likley on request they will provide it. I am sure whether its 48K, 35K, or 25K, i cant afford to pay... They CLAIM their insurance deductible is 100K. I am sure if it was less than that, they would have just used it and then insurance company would try to go after me, but the fact that they have not used it tellms that INDEED they had a high deductible, but then again, WHO KNOWS (they have like 500 apartmens in the complex) Anyway, they terminated my lease while they were fixing it, saying that i am dangerous to residents... Then my lawyer contacted them saying i was not negligent, and he got a letter from their lawyer, stating that according to fire report, it appeared that i was negligent and aske my lawyer to contact him they spoke on phone where my lawyer offered them 2K, explaining that i was judgment proof, and i could even declare BK, to amicably settle this dispute, but he said that I WAS STILL DENYING LIABILITY, just trying to settle peacefully so they said they wan 50% at least no less. and i have posted the rest of the story up here in the beginnin of the thead. THeir lawyer seems decent, since he suggested that he has no intention of suing me, since he is a high profile lawyer, not a bottom feeder, and understands what JUDGMENT PROOF means And their lawyer suggested to mine that the complex might simply refer this to a CA.... end of story So here i am ....trying to prepare the best i can for next communication from EITHER LANDLORD, or CA
I am assuming that you didn't have renters' insurance. Hopefully, you do now. It's extremely cheap; it costs, on average, about $100 per year. I know it may sound trite, but that's why it's there. To cover your liability in the event that "accidents" happen, as it sounds like this situation is. Put yourself in the position of the landlord. You would be wise to own a HUGE umbrella liability policy over the property. I think they start upwards of $1M for just a house! This covers the structure, should hail, lightning, tornado strike, should your first policy not be sufficient to cover damages. The umbrella policy covers the structure, and not the tenants belongings. That's where the responsibility of the tenant to purchase separate coverage comes into play. If he's not gung-ho about litigating you, then I wouldn't stress. I am of the opinion that you should take the advice of your attorney. I don't think he is wrong in assuming that the landlords intent is not to litigate. What you can do, is put your mind at ease and not worry about what is "going to happen". Most of what people worry about never comes to fruition. When it happens, that's when you need to put your focused intensity behind it. I can understand your apprehension about what you think "might" happen, but again, you are spending wayyy too much time worrying. I was a Boy Scout in my younger years, and I strive to follow the motto of "Be Prepared." Get yourself prepared after a break from the situation. You need to focus on getting as back to "normal" as possible. Take a break from your city, once you get your living arrangements back in order. Get away from it all; go fishing, rafting, camping with some friends. Something to get your mind off of it for a few days. Make it a contingency that nobody BRING IT UP while on your sabbatical. This way, you can return refreshed, and with your mind at ease. I hope I have helped you. That's what I spent the last five minutes trying to do. Just had another thought. Perhaps a call to the landlord's mortgage company might be in order. They might want to know that their security interest has been compromised. You could find out who has the title interest in the property by visiting the County Clerk's office, and checking out the property deeds. Just a thought. Best of luck.
The liability on renter's insurance is for if someone gets injured on the premises you rent and sues you. I don't believe it would cover for damage to the building, that's the landlord's responsibility.
From State Farm's website :http://www.statefarm.com/insuranc/renters/whatis.htm Landlord myth: "The landlord's insurance covers me." Your landlord's insurance generally only covers the building where you live â?? not your personal belongings and your liability. Responsibility myth: "I don't need liability insurance." Your landlord's policy most likely excludes liability for something that occurs in your rented residence. You could be held responsible for injury to another person or damage to another person's property if an incident occurred within your rented residence, or elsewhere. Without liability coverage, your current and future earnings could be at risk. Renters insurance may also provide legal defense costs. I think Geico's site explains it more thoroughly http://www.geico.com/home/renters_coverage.htm "Renter's insurance is available for both rented apartments and houses. Renter's policies provide "named peril" coverage, meaning the policy states specifically what you are insured against. Named perils include the following: Fire or Lightning; Smoke; Vandalism or Malicious Mischief; Theft; Accidental Discharge of Water; and 10 other perils." From what I understood when I was a renter and had insurance, it covered all possible situations where I could be held responsible for. Now that i'm a homeowner, I have insurance that covers it all.
I thought it only covered damage to your property or someone else's property that was in your control for those named perils. But I'd have to actually read a policy (as opposed to the description on a web site), and I really don't have time right now. If breeze is around, she might know.
Sorry to hear of your troubles with this! I agree, you would have to read the policy to know about insurance coverage for it. I'm not sure if damage to the apartment complex would be covered or not. Did you have renter's insurance? Is there a policy to check? If so, it would be in the liability section of the policy. I would sit tight, and wait and see what they do. Sounds to me like even if they do turn it over to collections (that may just be a threat) you could easily challenge it and chase the CA off. I also agree you chould check out your state's landlord-tenant laws to see what your rights are there.
I briefly spoke with a lawyer today and he confirmed that their lawyer indicated to him that they did not want to litigate this at this point, since the lawyer thinks it would be wasting his time on it, and believe the apt complex was not very realistic. My lawyer implied that most likley this will go to a CA and CAs attorney might come after me. THe lawyer also said that he does not know whether they will send me a bill or go directly to a CA. I am going to wait and see, I suppose, what happens next and dispute this with CA. I just dont whether under FDCPA they can validate this debt WITHOUT HAVING judgment.... I have searched and read quite a bit about debt validation and still not clear what constitutes PROPER debt validation. I would assume if they simply say that i OWE my landlord cause i was negligent, that would not be a a validation. Unfortunately, did not have renters insurance, because my lease said that i should get renters insurance , since landlord would not be reponsbile for personal belongings, and i assumed that if something happened, i would not mind my personla belongings that much, since i dont have much..... If i knew that renters insr, also provides liability, i would have purchased, but its all behind now B/C of the incident, landlord terminated my lease. My coworkers know that i had to move from that apt. I wonder if this also could be used later as grounds that i was humiliated.... P.S. REgarding anguish and mental suffering: Is there a law somewhere that says that if someone WORRIES about it and it affects his sleep can go after the landlord ?(i dont think landlord has done anything illegal YET)...... What type of lawyers handle these kind of things?
Never read the fine print. There ain't no way you're going to like it. BUMP NEW MEMBERS READ THIS. http://consumers.creditnet.com/straighttalk/board/showthread.php?s=&postid=410243#post410243 ************************************************************
