This is amazing

Discussion in 'Credit Talk' started by Msfedup, Aug 11, 2003.

  1. Msfedup

    Msfedup Member

    I'm not sure if you remember me and my story.
    Getting sued by collection agency for breaking a rental lease?
    The lawyer dropped and re filed in another county.
    I can't believe it.
    We contend that we vacated the building 6/98.
    We were served in 11/02, which is after the 4 year sol.
    The collection agency contends that the breach really occurred in 5/99 which is when the leasing co "released us' from our lease.
    We have a lawyer and have answered the suit, but we are too late to file a counter suit explaining why we breached in the first place.
    The landlord never gave us heat or air as stated in the lease, so after 1 1/2 years we left.
    Also, when you don't pay your rent and they send out the "5 days to pay or quit" what does that mean??
    Can they tell you 5 days to pay or quit, and if you do, were you evicted?
    Anyway, I can't really believe this collector is going after us, but we will ask for a trial.
    We have witnesses and documentation that support our original breach date, not the bogus date the collection is trying to use.
    I sure hope this nightmare ends soon, it's really getting old.
    Thanks for listening
    Robin
     
  2. sirrowan

    sirrowan Well-Known Member

    You should check to see if your state says that it is illegal to attempt to collect on time barred debts.

    Also, I'm in Ohio, a guy that I used to work with said that he was an apartment complex manager for a while and that if you were served with an eviction notice (the 5 day pay or quit is an eviction notice I believe) that your contract is void. Meaning your lease agreement is no longer valid.

    I don't know if there is any truth behind this, but you might want to check and see.

    Just shooting some ideas your way. Good luck!
     
  3. GEORGE

    GEORGE Well-Known Member

    The is a thing called SPECIFIC PERFORMANCE...YOU WERE TO GET HEAT AND AIR...they did not provide it...even though it was in the contract...THEY WERE IN BREACH OF CONTRACT...

    (I am not a lawyer...although I play one on TV)

    :)
     
  4. mcdavis4

    mcdavis4 Well-Known Member

    Why can't you counter sue? What is the courts reasoning?

    Michelle
     
  5. lbrown59

    lbrown59 Well-Known Member

    Re: This is amazing mcdavis4
    ------------------------------------------------------------------------------
    Originally posted by Msfedup
    We have a lawyer and have answered the suit, but we are too late to file a counter suit explaining why we breached in the first place.
    Robin
    --------------------------------------------------------------------------------
    Why can't you counter sue? What is the courts reasoning?
    Michelle




    THE END ** *** ** LB 59
    """"```--~~~~~~~~~--```'""'''
     
  6. mcdavis4

    mcdavis4 Well-Known Member

    Re: Re: This is amazing

    Thanks, but I was asking for a more specific reason. If you can't counter, could a separate suit not be brought?

    Michelle
     

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