Validation from CA regarding rental lease....

[nebulastar]

We were sent a signed copy of our rental lease as DV from CA. They highlighted the clause which states that the landlord may collect fees if tenant defaults on lease. There was a typed letter from the OC listing a lump sum fee of $XXX for "collection fees". We sent them another letter requesting a itemized bill of the collection fees. They once again sent a copy of the lease with the same clause highlighted. Do we send another letter requesting info again? Also do they have to prove that the apartment was rerented on the date they claim? We know that this will have to be paid eventually but we just can't do it now so we are trying to stall for the time being.

I am confused as to what constitutes proper DV. I have read posts in several forums regarding this. Some have stated that you should ask for proof that the CA has either purchased or been assigned the debt. I have also read the fact that they have info regarding the account is proof. I have also read that the CA isn't obligated to supply the debtor with their agreement with OC.

Thanks in advance for any help given.

[DocDon]

This sounds more like a contractual issue.

For one reason or another contract was broken. The CA has fulfilled the DV request by sending you your signed lease agreement.

As far as an itemized bill for "collection fees", many CAs have a fee schedule they use to determine "fees", and these "fees" have to correlate with individual state law. If you’re asking for a line-by-line accounting that shows all of their 50 cent phone calls, paper clip acquisitions, and the two daubs of white-out used in your collection activity - it doesn't exist.

I would repost this in the "Lawyer" section of this board. There may be contractual statutes for your state regarding termination of contract. I’m sure one of our fine attorneys that frequent this board can help you out.

[admin]

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