vonniegirl

What's next out of practice...can you help?

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Ok hello from long lost member vonniegirl.... My friend received a letter from an atty acting as a collector for back rent. I advised them to send a cease and desist letter (sent on 3/3/08), which they did and he received the green card back (signed 3/7/08).

To resolve the debt, he sent a certified check for 1/2 the amount owed to the original creditor.

On today he received a second letter from the same attorney who attached the check and returned it to the office saying he was instructed to return the cashier's check because it is insufficient to bring the debt current. Can he sue the atty and get the $1000.00 and I guess its the choice of the person he owes to return the check...pretty stupid i say what say you? Thanks!

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I assume the person with the back rent is still renting and living in the location where the back rent is due, correct?

If so, if the accept any partial payment, they cannot start eviction procedures.

Generally, if someone wants to evict, they will not accept any partial payments.

There is no law against that.

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Thanks for the reply. I really am surprised that they returned certified funds. I guess it may be that they want the building back? What about the atty ignoring the C & D letter and sending a second letter?

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not sure if "rent" is a "debt" as defined by FDCPA...as no credit transaction. Thus, C&D might not apply to this attorney. And if attorney is of the "OC" - the apartment people or realty company - FDCPA is moot, as it's the "OC" trying to get their money

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Ok the letter clearly states this is a communication from a debt collector. This is a business not apartment and the atty represented the original creditor. I can see where it may not apply... and I think he may just want the building back is that a possibility? Total owed $13,910.00...total paid..$8000.00 Appreciate the help.

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Thanks for the reply. I really am surprised that they returned certified funds. I guess it may be that they want the building back? What about the atty ignoring the C & D letter and sending a second letter?

Well, since they are still in the building, this attorney probably is doing them a favor really by trying to get this taken care of before any other legal action is taken and ignoring the c & d letter.

They could get the sheriff to show up and lock up the place with all the belongings inside going to the landlord for them to sale if they do not pay or move out.

This is a different situation and they should look up the landlord/tenant laws in your their state or contact an attorney.

Is this business property or their residence?

I ask because some cities have legal help for tenants in trouble for free if it is a residence.

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Ok the letter clearly states theis is a communication from a debt collector. This is a business not apartment and the atty represented the original creditor. I can see where it may not appy and I think he may just want the building back is that a possibility. Appreciate the help.

You posted as I was writing my last post.

So it is a business and as I said, if they do not pay up current, they can come with the sheriff and take all the belongings they have inside and they can do it during business hours if they want.

I would suggest that they use goodwill and try and work with the landlord or come up with the money from somewhere or close up and move out their stuff fast.

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Aha... so that's why they ignored the C & D letter. Smart and scary too. Can they double up on late fees in the same month in addition to the rent? It appeard to me as if they are padding the amount hoping he won't pay it

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Well, since they are still in the building, this attorney probably is doing them a favor really by trying to get this taken care of before any other legal action is taken and ignoring the c & d letter.

They could get the sheriff to show up and lock up the place with all the belongings inside going to the landlord for them to sale if they do not pay or move out.

This is a different situation and they should look up the landlord/tenant laws in your their state or contact an attorney.

Is this business property or their residence?

I ask because some cities have legal help for tenants in trouble for free if it is a residence.

Thanks I will check with the laws in LA regarding tenant landlord. I don't think this guy would be interested in a goodwill letter if he has ideas on getting the building back. Thanks a bunch. You guys are great!

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