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I had some roommates who did not pay their rent. I know I'm responsible for the debt because I was a co-signer. They (former roommates) told me they would take care of it with the apartment manager and they never did. The manager has now sent this to collections and I asked for debt verification. They did send me a payment ledger, move-out inspection notes, and the bill the apartment manager sent to us. After this collection agency looked over the ledger they noticed two months was not billed to us. Can a CA add this extra amount even though the bill from the manager states a different amount? Were talking now an extra $1,250 dollars.

Did they verified the debt good enough with a ledger from the apartment? They (collection agency) never sent the contract I signed. I'm more upset about the $1,250 added on.

Posted: Sun Jan 20, 2008 8:50 pm Subject:

I was hoping someone with more experience would answer this, heres my OPINION.

First, I think you are mixing up verification with validation, CRA's verify, CA's validate. As far as I know validation has not been officially defined, it is customary to ask for proof that the CA can legally collect the debt, copies of signed contracts, copies of statements and other things I do not remember.

The only way I think you can get out of the additional $1250 is to get them on some violations and cut a deal with them in exchange for not suing and paying off the other monies owed.

I don't think the CA can add this amount but the OC certainly can.

I think you really need to research this and play this very carefully or you will be owing the additional money.

Posted: Sun Jan 20, 2008 8:54 pm Subject:

Shoot, ment Validation.

They gave me to the 15th of Feb to pay them the first amount owed. Hopefully I can work some kind of deal with them.

Posted: Sun Jan 20, 2008 9:02 pm Subject:

They cannot do so unless instructed to by the original creditor.

Posted: Sun Jan 20, 2008 9:03 pm Subject:

If the original creditor says collect x amount, then they collect x amount plus any fees and/or interest (where allowed by law) that's it.

Posted: Sun Jan 20, 2008 9:03 pm Subject:

Did they offer to forgive the additional $1250 if you pay by the 15th? If so, I'd get it in writing that the debt is paid in full and that they will not report this to the CRA's or if it has already been reported try a "pay for delete" letter.

Posted: Sun Jan 20, 2008 9:09 pm Subject:

JCEMT-

What stops them from calling the apartment company and letting them know they forgot to add two months of rent? I have a letter from the apartment company on July 19, 2007 stating our total balance due.

LoneGunman-
I have it in witting but I don't have $1,700 extra laying around anywhere. I will need to make payments for 6 to 9 months to get this taken care of. This is why I hate having friends as roommates, money always ruin friendship.

Posted: Sun Jan 20, 2008 9:11 pm Subject:

Nothing really stops them from doing so. You may wish to talk to your friends to see if they can help you out (the ones that lived with you) as it is their obligation as much as it is yours.

Posted: Sun Jan 20, 2008 9:18 pm Subject:

When was the last time you spoke to the apartment manager? What were the contract terms on moving out? I know where I live at we will either pay an early move out fee or we have to pay the full term of the lease. If there is damage that exceeds our deposit then we are responsible for that as well.

If they do charge you for the full lease I know that they are not allowed rent the apartment until the lease has expired.

Posted: Sun Jan 20, 2008 9:22 pm Subject:

I don't know if this would work but I don't see any down side. What about calling the OC and telling him you plan on paying this debt off but you just want to make sure that the amount is correct, $1,700 is what you figure you owe.

You ask him to send you something on their letterhead that upon paying the $1700 your debt is paid in full. Obviously with a large company as an OC (department store ETC) they are going to tell you the debt has been placed into collections and you need to get in touch with them. It may work because the apartment company is not (usually) a large corporation.

Even if they say you need to pay the CA, you can say you realize that but you just want to make sure that the amount is correct.

What do you think JCEMT?

Posted: Sun Jan 20, 2008 9:24 pm Subject:

I doubt my friends will help out on this. They didn't pay the rent and was to take care of this with the manager. Well, they didn't and now I'm stuck with the bill. Can the apartment complex go back on their billing statement in July and say opps we forgot to bill you for two months in January?

Posted: Sun Jan 20, 2008 9:28 pm Subject:

FYI-

The terms was we move out and it wouldn't go to court (eviction hearing). What happened is the apartment company would take our checks separate and my friend did not pay theirs. After two months of them not paying they told me they couldn't take my check as we are getting evicted. Last time I talked to the manager was back in July when I gave her my forwarding address. My buddy was to make arraignment to pay the debt but never did.

Posted: Sun Jan 20, 2008 10:59 pm Subject:

Yes the added $1250 is pretty upsetting. You must must talk to your friends as they are too legally obligated to pay the debt

Posted: Mon Jan 21, 2008 1:14 am Subject:

Posted: Mon Jan 21, 2008 7:13 am Subject:

In IL (or maybe it's just a town law?), if you move out early a landlord can only sue for remaining months in the lease to the extent that the apartment was actually unoccupied. If you move out and someone else moves in a month later, the landlord could only sue you over the one month it stayed empty.

Maybe that's why the manager didn't actually put those two months on your bill ??? You could always check into your landlord/tenant laws to see.

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