An apartment complex that I moved out of (at the end of my lease) in 2009 has apparently filed a collection action against me after they lost an "eviction battle" in court, and I was never notified of this action.
Now this is preventing me from moving into a new complex, and the new management company informed me that the previous company had to sell the property due to numerous complaints of fraudulent "failure to give notice" collection actions they tried to pursue against former tenants. The collection company refuses to give me proof that the debt is legitimately mine, and she states that the only thing they received from the company is a "ledger" stating what I owed, but nothing concrete and will do nothing.
What are my options here? What can I do to address this?May 24th- I contacted the new management company, who had agreed to send me a copy of my file this morning. I just received a call from my contact there, who informed me that they were contacted by the collection agency and informed that there would be "legal action" against them if they released any of MY information to ME! The collection company is now apparently doing anything they can to prevent me from getting information, and where they previously told me all they had was a "ledger" that was proof of my debt, they are NOW telling the new management company that they have "my entire file." Is this legal?
The agency will have to submit proof to enforce collections or sue in court . Frowm what you have stated you have disputed the account and it has just remained as an outstanding collection. If the agency is reporting an unenforcable debt that can be a violation of the FDCPA and you may have to bring an action to remove the account. If you already went to court and ut sounds as if you did you may have other causes of action because you stated you won.
Generally when you when the judgment will state who is awarded what and that will be the strating point to correct your records.
Only If and until you and I sign an Agreement for Legal Services, I am not your attorney. These answers are provided for informational and/or novelty purposes
Interesting problem. They don't have to file a collection action with the court, they simply assert that you owe them money. You have to dispute this in writing, sent certified. This is called a debt validation (or verification) letter.
If the collector is violating the law, you should also advise the Attorney General. They won't help you, but it will go on the collector's permanent record.
You can sue them in small claims for violating the FFDCPA and use the CPA to treble the damages to $3K. Elizabeth Powell
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