Help for another collection issue:(

Hi Missy. yes they actually can do this.
My son was in the same situation as what you're in now except also had some damages to the apartment, as well as oweing 'back' rent and then was evicted before his contact was up so they charged him for that as well. It went to court and they put a judgement on his credit report. so far nothing has happened outside of that, and that has been several years. He has worked, so his SSN has been in the system, he has also gotten income tax back, so there was no lien on his taxes. He has no bank account and no property and he's never heard anything about this except it being on his credit report. He wasn't even notified that there was a court date. guess they 'could' say that they couldn't find him, although he's always back at dear old moms house. blah! so yes, they can in fact do what they're saying they can do. It probably will be in your own best interest to talk to them and try to make some kind of payment arrangements, or it could come back to bite you. hope this has helped. shirley

Thanks Shirley for the information..Can I ask you...so did your son actually go to court?..Or did it just appear on his credit report?...They payment arrangements they are asking are to high for me at this time...Should I maybe just ask for a settlement?..I have a PO Box also that is all of they know about at this time...Thanks for your help:)

Melissa

Use the sample letter below. This will not only ask for validation, but make sure they have a legal right to collect on the item.

It sounds like they are being unclear about what they are trying to collect on. They appear to be willing to work on whatever issues that you may have. They have had a large number of complaints, but they seem to make an attempt in resolving all of them.

Regards-
Mike

[quote]Date: Thursday, January 26, 2006

Re: Acct # xxxxxxxxx

To Whom It May Concern:

This letter is being sent to you in response to a letter sent to me on January 24, 2006. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

This is NOT a request for "verification" or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully request that your offices provide me with competent evidence that I have any legal obligation to pay you.

Please provide me with the following:

• What the money you say I owe is for;
  
• Explain and show me how you calculated what you say I owe;
  
• Provide me with copies of any papers that show I agreed to pay what you
  say I owe;
  
• Provide a verification or copy of any judgment if applicable;
  
• Identify the original creditor;
  
• Prove the Statute of Limitations has not expired on this account
  
• Show me that you are licensed to collect in my state
  
• Provide me with your license numbers and Registered Agent

• Violation of the Fair Credit Reporting Act
  
• Violation of the Fair Debt Collection Practices Act
  
• Defamation of Character

Missy, Mikey gave you an excellent letter to send them, follow his advice, this would be your next step to take on this matter.

As far as my son, he didn't go to court cause he didn't know anything about court. He never got any notice. When he moved into the apartments, he put me down as a contact, and when he left he apartment he came back home to my house. They never called or sent a summons. he never knew about it until it was on his credit report. And I found it last year when I pulled his 'free' report for him. There was 'actually' court but he didn't know about it so didn't go.

also, after you send the letter above that mikey gave you, if you get validation back and agree to everything they're saying you owe, then you can 'negotiate' the payment with them. If what they're asking is too high for you at this time, then you can offer them something smaller that you can afford. never agree to pay more than what you know you can afford. I hope all of this has helped. shirley

Shirley and Mikey: You two have given me peace of mind this afternoon...thank you so much...everyone here has such a wealth of knowledge...Mikey..I will send out the format letter that you sent me..thanks..I will keep you posted on this situation...

Missy, Since you know you do have a debt and you have already talked to them about payment arrangements, I would also put in the letter what you can afford to pay... writing it like this... upon receipt of the above requested information and agreement on the valid amount owing I am prepared to pay ______ dollars monthly to cure my obligation to you.

Let me know if I can help further

Thanks JJ :wink: I will also add that to my letter..good idea:)...Stay tuned....

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