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Verification and added money to total owed

Date: Sun, 01/20/2008 - 18:50

Submitted by Ryan_N
on Sun, 01/20/2008 - 18:50

Posts: 315 Credits: [Donate]

Total Replies: 14


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.


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.


lrhall41

Submitted by LoneGunman on Sun, 01/20/2008 - 19:50

( Posts: 223 | Credits: )


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.


lrhall41

Submitted by Ryan_N on Sun, 01/20/2008 - 20:09

( Posts: 315 | Credits: )


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.


lrhall41

Submitted by FYI on Sun, 01/20/2008 - 20:18

( Posts: 1950 | Credits: )


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?


lrhall41

Submitted by LoneGunman on Sun, 01/20/2008 - 20:22

( Posts: 223 | Credits: )


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?


lrhall41

Submitted by Ryan_N on Sun, 01/20/2008 - 20:24

( Posts: 315 | Credits: )


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.


lrhall41

Submitted by Ryan_N on Sun, 01/20/2008 - 20:28

( Posts: 315 | Credits: )


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.


lrhall41

Submitted by DebtCruncher on Mon, 01/21/2008 - 06:13

( Posts: 2293 | Credits: )