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Sister Outsider

Landlord sent me to collections

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I went through this credit repair journey with success, mostly thanks to this board. I bought a home a year and a half ago!

 

Last month, a new collection appeared on my credit report.

 

My former landlord kept my deposit of $950, charged me another $1600 for damages, and sent me to collections.

 

I didn't get notice of the debt, from either the landlord or the collection agency. The landlord may have sent me certified mail, but when I bought the home, I wasn't living there and never picked up the letter from the post office (my bad).

So the landlord's charges are bogus. I can't definitely prove it, but I CAN prove she is charging me for at least some damage from the previous tenants.

She offered to lower the charges by $300, making it $1300. While I could pay, I don't feel like I owe this.

 

So.....I want this off my credit. I am willing to pay her 40percent just to get this off my report, even though it is bogus. I believe if we went to court, it could go either way, depending on who the judge believes (but no way it would go completely in her favor, I could probably argue/present evidence to make a LOT go away.)

 

Please help me consider options: 1. Pay the collection, sue the landlord (that way, she couldn't countersue me and make me end up with a judgement). 2. Send her a pay-for-delete (or pulling back from collections). I would offer to pay 40 percent in order to have her pull this from collections and make it go away. She said that if anything is collected, she only gets 40 percent anyway. 3. ???

I'm leaning for option 2 and haven't been able to find a sample letter that fits.

 

Please help!

 

 

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4 hours ago, Sister Outsider said:

1. Pay the collection, sue the landlord (that way, she couldn't countersue me and make me end up with a judgement).

The time to sue her was when she withheld the deposit.  You had WAY more leverage then.  

4 hours ago, Sister Outsider said:

2. Send her a pay-for-delete (or pulling back from collections). I would offer to pay 40 percent in order to have her pull this from collections and make it go away. She said that if anything is collected, she only gets 40 percent anyway.

Then she has signed a contingency contract with the collection agency.  Basically their fee for handling this for her is 60% of what ever they collect.  All you can do is make an offer and see if she will accept it.

4 hours ago, Sister Outsider said:

I'm leaning for option 2 and haven't been able to find a sample letter that fits.

I don't know what the obsession is with "sample" letters.  You don't need one.  Simply write a letter detailing your offer.  Enclose a written settlement agreement with all those terms in it and state that if she agrees then she should sign and return it.  Once she does you pay her and she performs her agreed up on end of the bargain.  If she doesn't agree she can make a counter offer and if you accept amend your settlement agreement and repeat the process.  DO NOT pay until you have a signed agreement.

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