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How Do I Report A Bad Renter To Collections & CRA's


TomnTex
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Okay, this may be a little different. It's pertient toTexas, but, I will take any state laws at this time, they should be close. Hopefully our resident attorneys will weigh in. 

 

I own a house in Texas, had a renter in there that was bad news from the begining, just managed to get her out. She owes me back rent and probably more money than the security deposit will cover. The realtor that was handeling my rental has decided that because of the time involved etc. that they don't want to continue representing me anymore, nor will take care of pursuing her in the courts etc.

 

I did pick up paperwork to file a small claims suit against her in TX, but she doesn't care, even laughed about it. My question is, how do I file against her with the three CRA's so that it's on her credit report with me not being a paid member of the CRA's as a business? I don't think I will ever see my money, but I do want to report her for non payment and destruction of property.

 

Would appreciate any and all advice on this one, as it's beyond my knowledge.

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I would get a court judgment on them- that would definitely show up on their credit report and keep them from getting credit plus any future landlords would see it on a credit inquiry.   You could also get a collection agency to go after them on a contingency basis.  

 

Edit: Have you tried google? Here you can apparently get it done for $12.95-

https://www.aoausa.com/secure/mrLandlorddebtreportingservice.html

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I would at least get a judgement. That will end up on her credit report. Also, use Google to see if Texas allows for a tenant database that you can report to.

If any landlord calls you regarding this tenant, be upfront with them. Don't worry about a slander/libel lawsuit because the truth is a defense.

Finally, as for CRAs, it depends on if you want to sell the debt or simply pay someone to collect. You can also start the collection process yourself to see if the debtor really has any attachable assets.

Finally, I am going to ask those more knowledgeable to chime in, a judgement remains on a credit report until 7 years after it is satisfied, correct? That mean you can get around the 7 year reporting limit.

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Suing them will not get you the money back most likely, but it will be a major derog in their credit, a judgment will remain there for a long time, and many creditors will refuse them credit for as long as the judgment is unpaid.

 

That web page seems good enough a collection on top of the judgment will screw their credit for a long time.

 

Anyways I guess all these makes me believe the words of my landlords, they always like me! I pay on time and make paying the rent a priority. Last time I rented they didn't even check my credit with the letters from previous landlords, was enough for them to rent me.

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As everyone else said suing her in court and getting a judgment is the easiest way to get it on her credit reports and there are many LL/tenant databases that you can upload your situation to in order to alert future potential landlords to her issues.  

 

Here is the statement that worries me:

 

I did pick up paperwork to file a small claims suit against her in TX, but she doesn't care, even laughed about it. 

 

What you have is a professional deadbeat.  She doesn't care that is exactly the problem.  You probably are not the first landlord or creditor she did this to and won't be the last.  My guess is that if you pulled her credit you would find out that this isn't the first judgment or the worst thing on there.  DO NOT let that deter you from following through on your damages.

 

The realtor that was handeling my rental has decided that because of the time involved etc. that they don't want to continue representing me anymore, nor will take care of pursuing her in the courts etc.

 

Get your contract with this company out.  My understanding is that if they represented you during the tenancy regarding this person it is their obligation to represent in you in court since they were the ones on the front lines handling the business.  My friends that have rentals out of state all have contracts that state the local agency is contractually bound to represent them in court in ll/tenant matters.  Another issue I would be exploring with a TX attorney is if this agency is liable for this disaster of a tenant.  

 

There is one collection agency that is KNOWN for doing apartment and leasing collections who is VERY draconian.  They DO report, do NOT do pay for delete, do not settle for less than amount owed, and validate if challenged.  

.

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Get your contract with this company out.  My understanding is that if they represented you during the tenancy regarding this person it is their obligation to represent in you in court since they were the ones on the front lines handling the business.  

.

 

Unless the management company is a law firm, they cannot represent the property owner in court. At most, they can act as a forwarder, locating an attorney who will file suit on behalf of the property owner.

 

@TomnTex, I don't have to tell you how difficult it is to collect a judgment in Texas; no wage garnishment and ridiculous exemptions. In any event, if I recall, filing suit in county court (JP) is very inexpensive (like $35 bucks, right). While obtaining a judgment may not put any money in your pocket, it may cause some grief for your former tenant down the road.

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Thanks everyone for the input and thanks NASCAR for jumping in. My understanding on this woman is, that several houses that she lived in before me, she claimed that she owned the house, had repairs done, and modified the house to suit her. Upon eviction, she went so far as to damage the houses. One was owned by my former attorney who is a JP, of all things. Need to talk to him. In the last two months she has written more than $12,000.00 in hot checks, been arrested four times and bailed herself out the same day.

 

She also owes one man more than $10,000 that he has tried for several years to collect. The woman has lied every time she has opened her mouth about something, including the fact that she had bought my house when she had not. That I was on a death bed and not expected to live.......and more. I heard a lot from the neighbors when I got back there.

 

How she has managed to stay out of court or be locked up is beyond me. The woman is 71 with a 90+ year old mother that she more or less takes care of. I am writing this fast as I am trying to get ready for church. Excuse the grammer. I know I need a judgement, but, when no one else has been able to get her into court. Something is wrong with the system.

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Tom you have turned on us you are now a considered debt collector.

 

I have taken the liberty of filing this case on behalf of the two senior citizens who need our help.

 

Tom you refused our offer to appear on Judge Judy you left us no choice but to file this suit against you in the courts of Texas.

 

You have just been served Tom

 

PLAINTIFF'S ORIGINAL PETITION

TO THE HONORABLE JUDGE OF THE COURT:

Comes now Plaintiff(s) Jane Doe and Mom Doe files this original petition in the above-styled and numbered cause, and in

support, shows the Court as follows:

I. DISCOVERY

1. Plaintiff intends to conduct discovery under Level 2.

II. PARTIES

2. Jane Doe and Mom Doe, Plaintiff, is a resident of this county and of this Court,

within Texas.

3. TomnTex, Defendant, may be served at the following address:Somewhere in Texas.

III. JURISDICTION AND VENUE

4. The amount in controversy is within the jurisdictional limits of this Court, and

venue is proper as the cause of action arose in the county of this Court within

Texas.

IV. FACTS AND CAUSES OF ACTION

5. Plaintiff is a tenant and leases premises from Defendant TomNTex.

(Plaintiff's affidavit of facts on file with the complaint) See exibit A.

6. The following events occurred in violation of the law:

 

                                                 Count one

 

1.The building, the stairs, outside walls, roof, sidewalks, and grounds were not in good working order.

2. Limited handicapped parking spaces (Someguy with a van takes the only handicapped space)

3. "I was shown a model apartment then i got this dump"(bait and switch)

4. Mildew thought to be caused by roof and plumbing leaks (never fixed).

5. Stove not working.

6. Water faucets not working.

7. Toilet will not flush.

8. Heating and air conditioning not working.

9. Rodents everywhere.

10. Cabinets and drawers in the kitchen and bathroom not working.

11. landlord promises to fix said items as of this date nothing fixed.

12. Changing Terms in the Middle of lease with no notice given to tenant.

13. Party tries to use illegal methods to get the result that the party should seek in court.

 

Count Two

14. landlord has attempted to evict this tenant, increase the tenant rent and has denied the tenant services at the rental unit and around the property. Plaintiff alleges "retaliation" and demands relief.

 

Count Three

Defendant has made posts in a chatroom on line and has slandered the plaintiff(s) and Plaintiff alleges "retaliation" demands relief.

 

V. REQUEST FOR RELIEF

Plaintiff requests this Court grant the following relief:

a. actual damages;$10.000.00 for count one,$10.000.00 for count Two, $10.000.00 for count Three.

b. civil penalties if available under law;As the court sees just and proper for the charge of "retaliation" against defendant.

c. court costs; of $150.00 and

d. any other relief to which Plaintiff is entitled.As the court sees just and proper

Respectfully submitted,

Jane doe

(Your Signature)

Jane doe

(Your Printed Name)

TomNtex

(Your Address)

Somewhere in texas

(Your City, State, Zip)

210-555-1212

(Your Phone Number)

 

Certificate of Service
On September 22, 2013, I caused the foregoing instrument to be served by delivering a copy to all parties of record in this case as indicated below:TomNtex at Somewhere in texas By Certified U.S. Mail, Return Receipt Requested.

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Tom, it is clear this woman has nothing to fear.  She is using the fact that she is old and cares for an aged mother as a trump card.  She would have to kill someone to get thrown in jail for any time and she knows it.  After her mother is gone, you might have a better shot, but getting a DA to put 70+ woman in jail is a very long shot.

 

If it were me, she would not be worth being my next white whale.  That said, I'm still vindictive and I would pursue a judgment as cheaply as possible.  Then I would turn it over to the pitbull CA Clydesmom was talking about and get on with my life. 

 

Just an evil thought: if all of her creditors 1099'd her in the same year, could they get the IRS involved?

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@TomnTex

 

I agree with going for a judgment.  From what you say, she probably wouldn't bother to answer the complaint, and you'd get a default judgment.

 

I wonder if you can file a police report for the destruction of property?  Any potential landlords who perform background checks on possible renters would see that report.

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Racey, as ususal your just two funny...lol. One ole senior dude chasing after two senior wwomen. BV my thought was to get a judgement, but, after seeing how she is keeping out of court and not facing any hard time I just don't know. I live on the west coast now part time, so it makes it hard to just run to court. Will probably call my old attorney that is a JP and see what he says. She rented from him, put in about thirty thousand dollars worth of windows and stuff and upon being evicited brok them all out along with other damage. Don't know as yet why he did not nail her for that one.

 

Last year they got rid of a crooked sheriff and put in another almost as bad. Crazy county. The locals say about our county, "The place to go on vacation, leave on probation." That tells a lot about most of it and the fact that this ole gal is either related to a lot of people, or knows a lot of them.

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"How she has managed to stay out of court or be locked up is beyond me."

 She knows the rules of the game.

 

Tom about filing a small claims law suit.

Do you have photos before and after the move in-out ?

Did your lease have attorneys fees?

Do you want to pay an attorney?

 

A tenant with some experience in court, will counter-sue you, and will ask for the case be heard in district court because they will make a $10.001.00 counterclaim pulling it out of small claims and in to district court.

 

Then they will claim 1-13 in count one of my complaint or 1-20 of their own complaint.

 

She will make phony letters to you about fixing things and you did not respond to the problem.(she will enter those in to evidence)

 

She could win.(you might pay her and her mother)

 

I would say clean the place back up and rent it out again.

 

This time run a credit check and check for criminal history.

 

I know it sucks when that happens my dad had some rental condos I was the carpet cleaner - clean up - wall fixer - painter - trash taker outer - Left behind furniture remover.

 

We never sued anyone just rented them back out.

 

Remember they are both on Social Security.

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Race, yes they are both on SS, but the daughter is also making other money some how. When the house was first rented to her I hired a rental agent who was SUPPOSE to have rurn both a criminal and background check on her. Was told that she was fine, had an income of over $4,000.00 a month etc. She was suppose to be the only one living in the house, but, for almost a year she had a granddaughter and her husband living there, she would not put them on the lease because they were druggies. Took almost a year to get rid of them.

 

She never puts money in the bank I've been told. She carries it all in cash on her. I was lucky on the damage's. It could have been worse, she is out, will keep it empty for a few months. I have it on the market for sale. If I don't sell it right away, I will try and get it rented again. Because no one has been able to get her before a judge yet I am going to try and get her reported to the credit bureaus and others.

 

I do have before and after photos and there was always a rental/lease contract drawn up by reality company leasing departments.

 

I do appreciate all the advice, pretty much what I already knew, just needed reinforcement of it.

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She was suppose to be the only one living in the house, but, for almost a year she had a granddaughter and her husband living there, she would not put them on the lease because they were druggies. Took almost a year to get rid of them.

 

If this is the case, I'd leave her alone.  You might have a case against your agent for not doing due diligence on the background check.

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Okay guys, just talked to my old attorney in Texas who also knows my old renter. He has represented her in the past and as a JP has also magistrated her. So, he was not able to tell me too much, except to say that it would cost me more to fight her than I wouod get, which you guys had already stated. I knew this too, but, as my dear ole departed dad used to tell me, "It's not about the money, it's the principal of things." Meaning, I am willing to pay to fight her even though I won't get anything.

 

The link Tex Rocker sent me was good. Talked to them and it sounds like something I can use. (Thanks for that TR). I am suppose to call the attorney back late this afternoon. He told me that Tex has some new laws on small claims that make it easyier to file on a person. I don't have to be in the state, just have someone represent me there. Can be anyone I choose. He will have that info later this afternoon.

 

I am sure she already has bad credit, but everything helps. This woman is bad news anyway you look at it. The first leasing agent really screwed me over claiming how great this woman was, then the day I am moving to the West coast comes running up saying she just learned all the bad things regarding her. Too late to do anything, she already had pocession of the house. There may be relief in sight, just hope so.

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Thanks Who-- I have thought of doing that, problem is that the original agent was dropped right after she put the woman in the house, and it's been two years since she moved in. Though she is out of the house now, it's been a nightmare knowing that she could have done real damage as she had in past rentals.

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I don't think it makes a difference when the nightmare starts, its when it ends that's important.  Now you have established your damages.  I don't think you can't sue for anticipatory damages.  The original agent put you in this position, I would think that the SOL on the agent wouldn't start running until you complete the eviction.  You could not evict this tenant in anticipation of default. 

 

Did the second agent let the situation fester longer than it should?  Should they have started eviction sooner?  You said that she had moved in additional people who were not on the lease, when was that discovered?  I thought that is what your agent was supposed to do, not just collect their percentage of the rent. 

 

Even if you had to handle this tenant with kid gloves during the eviction, I think that you could prove that having to endure the additional lost rent was a legitimate cost of evicting this particular tenant.

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