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Showing results for tags 'damages'.
I broke a lease in August 2013, and was informed by the office staff that I would have to pay a concession fee of around $1200, but I never heard any more about it. I recently pulled my credit report and found that this account was assigned to a CA. I sent a validation letter to the CA, and they sent me two pieces of paper, the final page of my lease, showing my signature, and a move out form, which was not done in my presents, that listed a cleaning fee of around $150, and Damages at around $500, along with numerous other fees. The apartment was clean and there wasn't any damage to the property. I had lived in this apartment for four years, and moved for school after receiving a last minute acceptance letter. How do I proceed from this point? I attempted to get an apartment in another city, and was denied, obviously this was the cause.
Texas, under it's state version of the debt collection act allows as a remedy for violations of it's rules the ability to sue for "actual damages". What could one claim as "actual damages" when the jdb violates the law by "attempting to collect interest" that is not "expressly authorized by the agreement? I have proof from multiple mailings that the JDB is adding about 21% interest per year to the balance of the alleged debt. I would like to sue them for this, but I don't know what actual damages would arise from them jacking up the amount allegedly owed. Any ideas? Here is the law they borke: Texas Fair Debt Collection Practices Act § 392.303. UNFAIR OR UNCONSCIONABLE MEANS. (a) In debt collection, a debt collector may not use unfair or unconscionable means that employ the following practices: (2) collecting or attempting to collect interest or a charge, fee, or expense incidental to the obligation unless the interest or incidental charge, fee, or expense is expressly authorized by the agreement creating the obligation or legally chargeable to the consumer; or