Who do I sue?

[younglady]

I just found out that my old apartment charged me with over $2000 in fees and damages after leaving my apartment. I believe that all of these charges are being made against me in bad faith. They sent the charges to a collection agency (PROCOLLECT).

I am just now finding this out THREE YEARS after moving out of my apartment. I have never been contacted by my former apartment or by ProCollect. I found out by checking my credit report.

ProCollect now owns the debt. Do I sue them? Or my old apartments? They are accusing me of "abandoning" the apartment even though I notified the front desk and returned my keys when the lease was up. Plus charging me with repairs etc., etc.,

I have sent a letter to ProCollect and to the Apartments, explaining that they never notified me within the required time that landlords are supposed to of charges and told them to erase all charges. So far, ProCollect responded that the debt is valid and sent me a list of charges.

ProCollect wont listen to me, the apartment complex wont listen to me. What do I do now??? I want to file a small claims suit to get this false debt erased but I don't know who to file against. If I file against ProCollect, what do I base the claim on if it's my apartment complex who screwed up and falsely charged me?

[FightingBack]

I'm a newbie as well, but let me try to help you based on what I've learned from these threads.

There are a few important questions to ask first.

1. Do you know if the collection agency owns the debt or was assigned?

2. You saidyou sent dispute letters to the landlord and collection agency, did you mail them CMRRR?

3. You said the collection agency wrote back that the account was verified. Did they send you any documents from the landlord or was this on their own letterhead? Was this verification from the collection agency or the credit reporting agency?

3. Did you dispute the collection account from your credit report?

I'm not familiar with housing laws from these threads, but you should also check with local tenant rights groups in your area to see if your old landlord violated additional housing rights.

[younglady]

1. Do you know if the collection agency owns the debt or was assigned?

I think they own it but I don't know for sure.

2. You saidyou sent dispute letters to the landlord and collection agency, did you mail them CMRRR?

yes I sent them certified mail with return receipt.

3. You said the collection agency wrote back that the account was verified. Did they send you any documents from the landlord or was this on their own letterhead? Was this verification from the collection agency or the credit reporting agency?

They send me a letter on their letterhead stating that they had verified it with the apartments. They also send a copy of my lease and a list of charges signed by someone at the apartment complex. It was all from ProCollect...not the credit reporting agency.

3. Did you dispute the collection account from your credit report?

No I have not reported it the collection with the 3 credit bureaus yet.

The landlord may have violated the 30 day notice when a tenant leaves law (in Texas), where they have to return your deposit and notify you of any additional charges, within 30 days of your departure. I never received anything from them, not even a phone call. But the thing is, I didn't leave a forwarding address. But they had my permanent address on file and I TOLD them I was leaving. I mean my lease, was UP and I turned my key in!!! On the list of charges (from ProCollect), it says I abandoned my apartment and left 7 days after my lease was up (not true). So they are charging me for 2 months rent extra plus a reletting fee and all these cleaning charges and the replacement of two doors?!? Its just rediculous. This is stuff I should not have to pay for.

Anyways, I also have over 30 complaints I found from other tenants of this aparment complex, that I found on an apartment rating website. A lot of these complaints back me up, talking about crazy charges and the unreliable staff that works there. Also I am pretty sure the buildings themselves are not in the greatest condition.

Thanks for any help or advice!

[FightingBack]

I wish you luck Younglady. This is what I can tell you, I hope other have info to add.

I'm not an attorney and I'm new at this, but these are the steps I would take if I were you:

You said the collection agency wrote back to verify the account with a copy of the lease and a list of charges signed by someone at the apartment complex. It sounds like they completed the requirement to verify this debt. I think your actions will be with the landlord.

The first thing I would do is to dispute the collection account from your credit reports with the big 3. You may need to show that you disputed these items for FCRA violations later.

The second thing I would do is research state tenant laws and talk to a housing advocate. There are legal aid resources for housing issues in every community. In the state of MA a tenant could write a 30 day demand letter for damages citing Chapter 93A. If they go to court and win they are eligible for triple damages, but only if they cite 93A in thier demand letter. Know the laws in your state before you write to the landlord.

Next you want to research credit protection laws in the state of TX. (This site has great information) While you may be able to sue under federal law, you may want to cite state laws if they exist so the defendant doesn't have the option to move to federal court later.

After gathering your research you should have a good idea of all the laws the landlord broke and if you need to cite any specific laws in your demand letter. You can then decide whether to send a letter demanding evidence of the debt (see examples on this site), or a demand for settlement based on thier violations. (Be sure to include a demand to remove the trade line from your credit report.)

BTW, you mentioned over 30 complaints found from other tenants of this aparment complex. You should investigate if anyone has filed formal complaints and think about filing one yourself. Note that posts from a website will likely not be admissible as evidence, but if you can reach out to individuals you may be able to gather evidence that is.

Finally, good for you for sending your dispute letters to the landlord and collection agency CMRRR. Keep those records!

[younglady]

Thanks FightingBack, you are a big help! I guess you are right that my problem really is with the Apartment Complex. But what if they sold my debt to the collection agency? Can I still take the Apartment Complex to small claims court to get the debt erased?

Also, the letter I sent already, was a demand letter....kind of. I wrote it like a demand letter, saying that they had not properly notified me and that action was in bad faith which prevents them from charging me with any repairs and I cited the Texas Property Law that states that. I wrote it to ProCollect (like Dear ProCollect....) and CC'd the Apartments....because I thought that ProCollect was who I was dealing with. Ugh this is so confusing!!! I also said if they didn't erase the debt within 10 days, I would take small claims action.

So should I start over now and write a new letter to the Apartments? Or just go ahead and get all my stuff together and sue the Apartments instead of ProCollect?

Thank you again for your help!!!

[jetscarbie]

Under Texas law, you must give the landlord a forwarding address and the landlord must return the deposit—less amount deducted for damages—within 30 days. If the landlord withholds part or all of your deposit, he or she must give you an itemized list of deductions with a description of the damages.

The landlord may not charge you for normal wear and tear on the premises and may only charge for actual abnormal damage. For example, if the carpet simply becomes more worn because you and your guests walked on it for a year, the landlord may not charge you for a new carpet. If your water bed leaks and the carpet becomes mildewed as a result, you may be charged.

You should check your rental agreement to see if it requires you to give the landlord advance notice that you are moving. Many leases require 30 days notice as a condition of returning your deposit. If you give your landlord your new address in writing and you do not receive your deposit or an explanation within 30 days of your departure, contact the landlord.

If you cannot resolve the problem satisfactorily, call your lawyer. Contact the Better Business Bureau, or the Office of the Attorney General nearest you; both agencies offer a mediation service to help resolve such problems. For more information, contact your nearest regional Consumer Protection office of the Office of the Attorney General.

[FightingBack]

Hi again Younglady,

If I were you I would definitely dispute the trade line with the 3 big credit agencies, the CA may chose not to validate simply because of your dispute – which would remove it from your credit report. I would also be sure to talk to an attorney or housing advocate knowledgeable about TX law before filing suit. Unless your case is solid or the SOL is expired filing suit may backfire and result in a judgment against you. Complaints can and should be made, as mentioned above. If your case is solid then by all means move forward with a suit. Note: before moving forward you'll need to send a demand letter to the landlord, a cc won't do. Good luck.

[younglady]

Thanks again.

Next step I am taking: Sending demand letter to Property Manager ASAP!!!!