Eviction on my credit ...long

[ms_lane35]

Hello,

I have actually researched infomation on this website and have found it soooo helpful that I decided it was time to stop hiding from my credit past and start to repair it.

This question is somewhat long so just bear with me. In 2004 I had went through some problems financially and almost was evicted from my apartment I am saying almost, because at the last moment I was able to pay the full amount and received no judgement and was able to stay in my apartment.

In 2005 I decided to go month to month with the same apartment complex because at the time I was trying to find a less expensive apartment, but of course I ran into financial difficuties again and was given a notice, but I contacted the landlord and told I would move out, so I was not served papers and no judgement has been given. I ended up paying the original amount which was what my rent was 585.00. Which I mailed because I moved out state with a new job.

Now this apartment complex is on all three of my credit reports with a collection company. The amount is for 960.40 and its from the state of Florida.

I just contacted the courts to see if there was a judgement given, of course the individual I talked to said the both cases against me have been dismissed with no judgement.

I am going to dispute this case. But I want to know if any one would know if there is anyway they may keep this amount on my credit report. Maybe calling this something else other than an eviction and if so, how I should I approach this dispute.

I thank you for any advice I could get.

[Robert Nashville/Savannah]

My first question would be whether you have evidence/proof that you were on a month-to-month lease and/or that you didn’t break your lease?

Second question is, can you prove you paid your last month’s rent as required by your lease (month-to-month or otherwise) leaving no deficiency of any kind?

If you can answer yes to both of those questions then I would start the dispute process and try to make they prove their case (meaning you broke the lease and/or left with a balance owing) - the one thing you most need here is information – you need to find out exactly whey they claim you owe them money.

I would suggest you also research your prior state’s/prior community’s landlord-tenet laws to see if the apartment complex followed the law or not (and for that matter, to make sure you did as well).

How likely it is that they’ll be able to keep this on your reports depends on how solid their “case” is and how much effort they are willing to put in to keep it there and/or come after you for what they claim you owe.

At the very least, you can start disputing with the CRAs based on any inaccuracies in the tradelines.

[ms_lane35]

I do not have anything at this time because I moved not thinking it would haunt me (I have learned). But when I talked to the rental complex today I had asked for a copy of my month to month lease and was told that they do not have any records and they destroy records that far back ( it was only 2005) I am now starting what would the collection agency have to verify the information.

Thank you for your help

[Robert Nashville/Savannah]

When you spoke with them, did you ask what they base their claim on???

Unless you are dealing with a scam, the only way a collection agency would claim you owe money (and report same to the bureaus) would be if the apartment complex either sold them the "debt" or assigned it to them to collect...either way, if the alleged original creditor can't answer the simple question of what the claim is based on (and have somethign to back it up) then their claim is meaningless.

[razr]

...how I should I approach this dispute?

Start with a DV letter. Simply state you have no knowledge of the debt.

And request validation.

-r

[Methuss]

Start with a DV letter. Simply state you have no knowledge of the debt.

And request validation.

-r

I disagree. Start with a letter to the CA denying the debt in its entirety. State that you made final payment to the rental company when you moved out, that you had no remaining balance, and that you have already contacted the rental company and they have destroyed all records from your tennancy.

Validation must come from the original creditor and be forwarded to you through the collector. It is impossible for them to validate as a result of the records being destroyed. It is also impossible for them to sue you as they will not be able to establish what the alleged debt was for or establish chain of title.

You should demand the immediate removal of the tradelines from your credit report, that they send you a copy of the eOscar confirmation that they have removed it, and a written statement that they will never attempt to transfer the alleged debt to any other party (as it would be fraud to do so).

[myscoresawful]

Most likely, you paid the remaining "rent" that was due.

I would be willing to bet they went through the apartment and racked up a few cleanup/damage fees. I know that a lot of them will find anything they can to add to what you owe, so it could be possible that you never received a final bill if you moved and they didn't have a forwarding address.

I would follow Methuss' advice above.

Good luck!

[2001Badyear]

I could be wrong, but went to school in Florida and I seem to recall that the limits of their ability to collect was the deposit?? Isn't that why they take first, last and security? First and Lat cover both months rent and security against all but willful abuse of the property.

Not sure, but might want to see what the laws are down there