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Big Taint posted:Did you check all three bureaus? If it's not on any of your credit reports, gently caress 'em. Block the number on your phone, or start answering it and practice your Liam Neeson "I have a very particular set of skills" speech. I only checked one a couple weeks ago but I'll go check the other two. I figured if it wasn't showing up on those I was probably safe to just ignore. Thanks!
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Apr 20, 2017 23:13
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I have a hypothetical apartment rental/collections question: Let's say that I rented an apartment, and after eight years I move out. I'm presented with a $2000 bill for carpet replacement, painting, and cleaning and I do not agree with the amount being billed. I'm told that if the $2000 isn't paid it will be sent to collections. I tell them it's been eight years and that's normal wear and tear. Can I simply pay the $2000 and then take the rental company to court? Does paying a bill that you get presented with act like an admission of guilt or wrongdoing? (If this sort of thing did happen unless their claims were legit I'd contact a lawyer.) Three-Phase fucked around with this message at 20:04 on Jul 16, 2017 |
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Jul 16, 2017 19:57
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Three-Phase posted:I have a hypothetical apartment rental/collections question: You might want to check out the legal question megathread in Ask/Tell. This depends hugely on location. Different states and even cities have very different protections for renters and landlords, from the "die renter scum" approach taken in most of the South to the extremely tenant-friendly policies in San Francisco. Most places will have some kind of guide to your rights - look up "<location> tenant rights" and you'll probably find a PDF by the state attorney general's office or something similar, describing what responsibilities you and the landlord have under the law. If you're really lucky, and in a tenant-friendly state, they might have even ignored something important and given you the opportunity to sue for damages in small-claims court. Cool states have statutory punitive damages against landlords who try to pull stupid poo poo. As a very general rule, the person who has the money has the upper hand in a billing dispute over the person who has to go to court to get the money, and you shouldn't pay a disputed bill until the law forces you to. Of course, when the general rule falls down, and when exactly "the law forces you to" kicks in, can change a great deal based on small tweaks to circumstances.
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Jul 16, 2017 20:36
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Gotcha - I'll ask in A/T and also try to dig a little deeper into how Ohio handles this stuff. I am pretty sure Ohio is a "Die renter scum" state.
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Jul 16, 2017 22:06
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In my experience with rentals, carpet is usually a capital expense with a 60 month depreciation. After eight years, that should not be your responsibility.
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Jul 16, 2017 22:19
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How do you handle the situation where an account is yours but you dispute the balance on it? Examples could include the "unreturned equipment" charge when you cancel your cable for equipment you actually returned or medical bills where they did some sketchy stuff (in clear violation of state law) with the insurance in order to over-charge you? In both those cases, if it gets handed off to collections they'll be able to provide a statement showing the merchant's version of the story when you ask for verification. I don't think I can sue over it, they need to sue me. Is that right? How do you get nonsense like that removed from your credit report without paying?
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Jul 17, 2017 01:17
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Three-Phase posted:I have a hypothetical apartment rental/collections question: If you're still watching this thread, I've dealt with scummy landlords doing poo poo like this before. You'll need to check your state and local tenant laws, but usually landlords are required to return the security deposit minus any expenses for repairs etc within a certain period after you move out. Where I live, that's 30 days. They have to send me an invoice detailing any deductions from my security deposit and a check for the remainder within 30 days or I get the full security deposit back. Last place I moved out of didn't return my deposit for 50-odd days and I could have fought them but it wasn't worth it for $200. Like was posted, the person holding the money has the advantage and you should not under any circumstances pay them. Look up your local laws and reply with a letter detailing when you moved in/out, cite the law, and dispute the charges. There are certainly form letters for this kind of thing and should be a lot of legal advice for Ohio online. Send this by certified mail and keep a copy of all letters sent/received. Almost certainly the landlord was required to charge you for the carpet replacement within a few months of your moving out, so it's far beyond any statute of limitations or whatever. Regardless of whether it's normal wear and tear. This will probably cause them to back down. If they ignore you and send it to collections, talk to a lawyer who will probably send them an angry "gently caress off" letter and it ends there. Edit: also, send your letter to the actual owner (rather than manager, though CC them too) of the apartment. Be wary of DBA (doing business as) fuckery. One of the reasons I didn't bother trying to reclaim part of my security deposit a few years back was the landlord had all their contact with me under their fictitious dba name. That means if I wanted to sue them or have formal legal correspondence with them I'd have to go in person to my county courthouse and submit a request for their dba filing and pay $10. Not trying to scare you or anything, a well-written letter citing the relevant law codes and asking them for all the relevant documents sent to the owner should end things immediately. It's either an honest error or them counting on you being too worried/lazy to fight it. I can't emphasize how important it is to keep records of all mail, email, phone communication with them. You may be able to sue them for damages if they're being really shady, but again that's something you should talk to a lawyer about if a simple letter doesn't end it. Quick googling tells me Ohio also has a 30-day requirement for return of security deposit. There is zero chance this is legit, they should have sent you a bill or check for security deposit minus any carpet, painting, or cleaning they claim necessary within 30 days of moving out. Pellisworth fucked around with this message at 02:52 on Jul 17, 2017 |
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Jul 17, 2017 02:34
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This is really fantastic advice. As far as the lawyer is concerned and the "gently caress off" letter as you called it - is there anything stopping the collection agency from saying "Well nuts to you!" and selling the debt to another, maybe even shadier agency? Or can the lawyer basically send them a "put up or shut up" that would put them in hot water for doing so? Assuming things are on the up-and-up and the person has a good defense, of course. Three-Phase fucked around with this message at 03:14 on Jul 17, 2017 |
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Jul 17, 2017 03:12
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Pellisworth posted:Edit: also, send your letter to the actual owner (rather than manager, though CC them too) of the apartment. Be wary of DBA (doing business as) fuckery. One of the reasons I didn't bother trying to reclaim part of my security deposit a few years back was the landlord had all their contact with me under their fictitious dba name. That means if I wanted to sue them or have formal legal correspondence with them I'd have to go in person to my county courthouse and submit a request for their dba filing and pay $10. Ok, so here's how this sorta' works:
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Jul 17, 2017 03:28
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Three-Phase posted:This is really fantastic advice. "Put up or shut up" is probably a better layman's description of what I would have a lawyer send, and what you should start off with yourself. Adding a lawyer is just escalating things. You should clearly and briefly state the relevant Ohio law and that any deductions from your security deposit should have been made within 30 days of your moving out (8 fuckin' years ago!!). Hell, include a printout of the relevant legal code. Most of the time you can kill this with one well-written letter and a strong legal defense which it sounds like you definitely have. You have the money, it's on them to escalate by sending it to collection or suing you. Ask politely for any documentation to prove that you owe them $2000. If they're being honest they have receipts/invoices for the carpeting, painting, etc from the actual companies they contracted for those services. That's irrelevant since you're way past the time frame for them to collect repair money, but you should demand they provide cold hard evidence that you owe them money. I don't play poker, but basically you need to call their bluff and demand they show their cards. Don't show any of yours. If you have copies of your lease agreement, receipt for your security deposit, etc that is GREAT, but don't send those. The burden is on them to prove you owe them money, send a letter (politely) calling their bullshit and asking they send you evidence that you owe them $2000. If they keep loving with you and/or forward it to collections, consult a lawyer. They may be acting in bad faith and you may be able to collect damages but as it sounds you're up against a big real estate entity so don't go at them without an attorney. Three-Phase posted:Ok, so here's how this sorta' works: It sounds like you're not dealing with a DBA, but you should address your (certified mail) letter to whoever the owning corporation is, while CCing your building manager. I AM NOT A LAWYER edit: in my DBA example, my lease agreement and monthly rent checks were all made out to <Shitbag Realtor>. <SR> is a DBA name, it has no mailing address or names of people attached to it. It's simply an extra layer of bullshit a tenant has to jump through to legally interact with a landlord. I don't know the mailing address or name of that former landlord, because it wasn't worth half a day going to city hall and threatening to sue them for $200. Basically DBA allows Landlord Corporation Inc. to conduct all its business with you as "Anakin Skywalker," but if you have to deal with them you need to go to the county courthouse to request the DBA filing for "Anakin Skywalker." Then in exchange for half a day of your time and $10 for a printed copy, you can find that "Anakin Skywalker" is actually "Darth Vader LLC" doing business as "Anakin Skywalker" and the address you need to send any legal mailings to is 1337 Death Star Lane. It's really loving lovely and if you don't have a mailing address and explicit name for the corporate entity owning your rental, that's  In your case send a letter to Slumville LLC with a cc to your manager. Again, not a lawyer. Pellisworth fucked around with this message at 05:29 on Jul 17, 2017 |
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Jul 17, 2017 04:35
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Man, this is helping me out an awful lot - thanks again for your help on this Pellisworth. Also having this information here might be invaluable to someone else in the future.  The only thing that scares me is the whole selling-debts thing where if they throw it to a collections agency they could just keep tossing it from one shady company to another indefinitely... Edit: that's covered in the Debt Validation letter in the OP. 
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Jul 17, 2017 16:47
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General question regarding payments to a debt collector or anyone else for that matter: I read that it's possible to send a payment check that is clearly noted in the memo field as "PAID UNDER PROTEST". This is by no means bulletproof, but the idea is to pay so you're off the hook but can basically turn the tables and sue back (either in small claims or civil court). Obvious cons are that you are out the money, need to pay legal fees, and depending on the judgement if you go to court you may get nothing back or even have to pay the other side's legal fees. I guess the question is if someone can/would just refuse a payment marked that way.
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Jul 25, 2017 14:28
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That sounds more like Legal-ese then actual legal language. As a layman, I'd expect to see something like that from sovereign citizens (where did you hear this anyway?)
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Jul 25, 2017 14:33
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many johnnys posted:That sounds more like Legal-ese then actual legal language. As a layman, I'd expect to see something like that from sovereign citizens (where did you hear this anyway?) I will have to look for where that was mentioned. But I totally agree that does have a bit of a legalese or a "gold-fringed flag" feel to it.
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Jul 25, 2017 15:06
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Yea, that sounds like BS to me. Generally what you write on the memo field is purely for your information, and it doesn't matter what you write. You can put 'For your ugly face' and its still going to get cashed because no one looks or cares. A brief look leads me to believe that this 'Payment under protest' is only a thing limited to specific payments and locations; all the references I can find to it that don't seem insane look like they refer to paying your property tax when you disagree with the valuation and want to preserve the ability to file a protest while not actually being late on your payment. I can't see any reason it would apply to payments between two private groups. Also you can always sue someone for unjustly billing you, if your credit card company just took thousands of dollars from you for no reason you wouldn't be barred from pursuing them just because it wasn't 'under protest'.
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Jul 25, 2017 17:16
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IANAL but at best it's just going to provide a little evidentiary support to a future lawsuit. It's not going to be enough on its own, all it will prevent is someone saying "well they didn't contest it at the time, move to dismiss the charges" - which writing something in your diary would accomplish, too.
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Jul 25, 2017 17:53
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Paying will also reset the statute of limitations.
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Jul 26, 2017 12:13
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DarkHorse posted:IANAL but at best it's just going to provide a little evidentiary support to a future lawsuit. It's not going to be enough on its own, all it will prevent is someone saying "well they didn't contest it at the time, move to dismiss the charges" - which writing something in your diary would accomplish, too. I guess that begs the question - would payment automatically mean any potential to recoup would be likely lost? This is of course assuming you didn't pay and wait several months to file suit.
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Jul 27, 2017 22:27
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i have an old medical bill for a few grand from a couple years ago. it came from an ambulance ride in a rural area that should have been covered by insurance but wasn't for technical reasons. maybe i could have argued with the insurance company but i didn't, i just ignored it. i can pay the bill but i refuse to do so, instead i'm continuing to ignore any letters that come regarding it. nothing has happened to me yet and the statute of limitations is almost up. any reason i shouldn't just keep doing what i'm doing? e: i'm in california and the bill is also from california
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Jul 28, 2017 03:59
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So, I have a collection on my credit report from a debt collector in the amount of $126. The best I can figure it, it's from a old Verizon account that I closed back in 2010(?). As far as I can remember, I closed the account when my contract was up and paid the last bill, so I'm not sure where this balance is coming from. I've tried disputing it a couple of times with the credit bureau, but all the collection agency does is 'verify' the debt and it stays put. I called the debt collector about it last year and all they could tell me is that I owed them $126. I even tried that Lexington Law company to get them to take care of it, but the drat thing won't budge. Is there anything I can do? I'm not worried about the amount of the debt, but I don't want to pay for something that might not be real.
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Aug 15, 2017 13:15
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How do I figure out which US state's statute of limitations applies to an old debt I came across? The old account was opened online while I was living in one state, the creditor was in another state, and I've moved around a lot since then. The last payment was Oct 2011 according to my credit report. I'll occasionally get letters from third-party debt collectors so I want to know how to respond to them, if at all.
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Aug 15, 2017 17:30
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Use your current state. If they are going to file a lawsuit to get a judgment, they have to file in the county where you live.
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Aug 15, 2017 18:30
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Pellisworth posted:...security deposit should have been made within 30 days of your moving out (8 fuckin' years ago!!)... I may be reading it wrong. but I think he moved in 8 years ago and just moved out, but since the carpet is more than 8 years old there's the question on if they can charge him to replace it.
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Aug 15, 2017 18:31
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I’ve been getting sketchy sounding voicemails from a blocked number saying there are sealed documents I need to sign, if I don’t take action it will be marked against me as a failure to comply, call this number if I don’t want these documents delivered to my home or place of employment. I caved today and called the number they told me to, and I got someone at a company called “R&R Associates” who seemed confused that another company would be contacting me with messages like those. They also said the documents are real, from CitiBank, but he didn’t ask me for any other information or try to get me to pay anything. I’ve been sued by a creditor before and notices were delivered by the sherrif’s office or certified mail, so none of this makes sense to me. Does this sound familiar to anyone?
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Oct 16, 2017 17:19
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Ask one of the lawyers in the legal thread, we can't tell you whether it's legit. It sounds like a scam, but it sounds like a scam to serve someone through publication and that's perfectly legal too.
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Oct 16, 2017 23:57
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If you do business with Citibank, just call them at the number that appears on your statement and ask them about it.
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Oct 17, 2017 23:49
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Do you owe money to Citibank? Sounds like a scam or a debt collector playing loose with the FDCA.
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Oct 18, 2017 00:33
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Are you in default on a Citibank account?
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Oct 18, 2017 01:25
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Anyone else get a fake lawsuit call from the Professional Legal Network? I got a voicemail from a "sweet old" lady the other day saying she is a paralegal and that I am going to have charges filed against me for not paying a credit card. Like an idiot, I called back to see if it's legit. Person who answered flew into a rage and hung up on me when I doubted that the call was legit. What really tipped me off this is fake is the person gave me my entire social security number. Your social is confidential and no law firm or collections agency would say your social over the phone. Based on what I read, others get similar calls from the same place. Also learned that real law firms do not make threatening calls, they just sue. Since then, I changed my phone number and have been warning others. Be careful Goons and don't fall for this. Never pay over the phone. Always demand documentation sent by paper mail, not email.
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Oct 26, 2017 20:30
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Pugzilla posted:Anyone else get a fake lawsuit call from the Professional Legal Network? I got a voicemail from a "sweet old" lady the other day saying she is a paralegal and that I am going to have charges filed against me for not paying a credit card. Like an idiot, I called back to see if it's legit. Person who answered flew into a rage and hung up on me when I doubted that the call was legit. What really tipped me off this is fake is the person gave me my entire social security number. Your social is confidential and no law firm or collections agency would say your social over the phone. Also, if they have your SSN, they likely have your DOB, watch your credit (thanks equifux), put alerts on it, and possibly even freeze it if you don't forsee needing to open a CC/loan whatever that will require your credit unfrozen soon.
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Oct 26, 2017 20:41
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Been talking to a friend of mine, who's trying to turn on the power at his place in his name with new roomies. From what I understand of his situation it goes like this: He and two other roommates moved into a rented duplex, all three on lease. So let's call them F, R1, & R2. R1 opened the bills in his name, the Power Company got the lease info and added R2 and F onto the bill, without their knowing. They lived together for 1 year, and R2 moved out, replaced by R3. R2 moved into another rented duplex as a lease holder, got power turned on. F, R1 and R3 stayed at the duplex for a year, but R1 decided to move out after. After R1 left, F and R3 descovered that R1 had not been paying the bills with the bill money they had given him (resulting in numerous shut offs of the other bills). They thought something was up, but couldn't figure out what, until he moved out and they noticed the bills were not payed for 2 months since R1 moved out. R1 moved into another place, as a lease holder, got power turned on. F, R3, and R4 stayed in duplex, as lease holders. Because of R1's theft, R4 opened the power bill in his name, got power turned on. R4 decided to leave after a year, and switched the power from the house to his new place. (he did that without telling anyone, which is his right to do so, but it was kind of a "Oh hey, I switched the power yesterday," dick move) F, R3 and R5 want to stay in the current place. So F is stuck on the bill that the power company (KCPL) pulled his name from a lease without his permission, for $700+, and they won't let him turn it on until he pays (the power is still on, but no one there is paying for it, so I'm guessing it's going to go to the rental company). R3 is on disability, and while he can be on a lease, he can't be on the bills, or he loses his Disability, and R5 is in the same situation as F, but from a different place. R5 says he moved out, and the guy living there just left the power on without paying bills, and didn't get R5 off the bill (Not sure if R5 knew he was on the bill, he says he didn't know how to tell the power company he moved out.) It strikes me as odd that KCPL can pull your name from a lease, and hold that person accountable for the bill, but doesn't go after the primary bill holder. Nor does it seem to ping any of the other leases for the other people on the bill (Including the lease of the guy who they say owes them $700) What can they do, and is that even legal to yank a name off a lease as a third party company and hold that person accountable, yet not the main signer?
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Oct 26, 2017 21:40
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MF_James posted:Also, if they have your SSN, they likely have your DOB, watch your credit (thanks equifux), put alerts on it, and possibly even freeze it if you don't forsee needing to open a CC/loan whatever that will require your credit unfrozen soon. I know I was part of that Equifax hack. Me and 147 million other people. This is the 3rd time I've had aggressive bogus calls. The first time they sounded like they were from India. The threat was they were going to come to my home and serve me. If I was not home, they said they would serve me at work and force my boss to watch. Yeah, right. The second time it was Russians (complete with cute accent). They were actually funny. The voice mail said they were going to be coming to my home in 40 minutes. Those calls went on for weeks. Who the hell makes appointments to serve people? It's supposed to be a surprise. This time it's sort of real sounding other than no one gives warnings of we are going to sue you if you don't call us. Law firms don't have time for that. They just send a process server. I changed phone numbers and put myself on the National Do Not Call Registry. I know scammers don't care about that, but it should slow down a few legit places... I hope.
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Oct 26, 2017 22:44
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Anora posted:Been talking to a friend of mine, who's trying to turn on the power at his place in his name with new roomies. From what I understand of his situation it goes like this: I had a tenant skip out on a water bill of a couple hundred bucks, and the water company basically said "Yeah we know they ran up the bill and not you, but somebody's gotta pay. Feel free to let the bill sit around until we put a lien on your property and send you to collections if you like." It wasn't worth dragging the deadbeats into court over, so I just paid up. For $700 it might be worth looking into small claims court if your friend has the time/flexibility to pursue it. VVV That too. And also realize that people who aren't completely dumb know what a hassle it is to involve the courts, and won't have any desire to make it easy. The Macaroni fucked around with this message at 14:05 on Nov 2, 2017 |
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Nov 1, 2017 14:05
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Bear in mind that suing someone does not let you squeeze blood from a stone. If they have the money and aren't paying you, ok, you can sue them and then enforce a judgement against them. But if someone is just broke and isn't paying you because they don't have the money (or don't have the money in addition to just being lovely) then you can't really do anything with the judgement. Also you will have to do the legwork of actually making them pay (in terms of getting people to seize property or apply garnishments) so you might want to consider that. I've walked away from smaller issues because it's not worth the time to wring that money out of someone.
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Nov 1, 2017 14:14
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Yeah, He still knows the roommate who stiffed the Power company, so they're trying to get him to pay the power company, or at least tell the Power company to remove my friend from the bill.
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Nov 6, 2017 07:44
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MF_James posted:Also, if they have your SSN, they likely have your DOB, watch your credit (thanks equifux), put alerts on it, and possibly even freeze it if you don't forsee needing to open a CC/loan whatever that will require your credit unfrozen soon. Just as a heads-up, in some states if you’ve voted there are now searchable web databases that will instantly pull your name, address, and DOB. This is voter roll information that is public. Using a DOB to verify identity (as a security question) is utterly useless now.
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Nov 12, 2017 14:36
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I'm in a long running billing dispute that I've mentioned above. The short version is the account was paid in full, but the merchant isn't satisfied and keeps sending me bills while ignoring my letters explaining (with documentation) that the account has been settled. They're now starting to send the account to collections, but it appears they are sending individual line items on the disputed bill to collections separately. Presumably this is an attempt to make my credit report appear to have several unpaid accounts, when in fact there is only one. Do i have any recourse specifically for this practice?
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Nov 18, 2017 20:41
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KernelSlanders posted:I'm in a long running billing dispute that I've mentioned above. The short version is the account was paid in full, but the merchant isn't satisfied and keeps sending me bills while ignoring my letters explaining (with documentation) that the account has been settled. Hopefully you have your account statement from the OC showing these line items, because that proves the reporting violations. Regardless, most attorneys who do FDCRA suits offer 15 minute or so consultations. Take whatever documentation you have and see if they think you have anything that will bear fruit. Remember: It's still a win if you just get them off your back and don't make any money off the violations.
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Dec 3, 2017 06:10
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I'm in a pickle and unsure if there's any action to take better than sitting on my rear end for a few years. I did not have savings because of planning on not being the sole breadwinner, and having taken care of my family after my mom passed away in 2014. Naturally, right when things look optimistic, I'm let go instead of converted to full time, back in August. I now have a great job making great money. I'm a programmer working at a cable company  . However, my credit is hosed, as follows:Multiple accounts 30-60-90 days past due. Managed to keep rent and utilities up though. A car I left with my widowed stepfather was unpaid because poo poo happens, also family. NEVER GIVE FAMILY A CAR UNLESS YOU HAVE THE MEANS TO REPO IT AND PAY ON IT YOURSELF. Also, never count on family, or really anyone you can't beat with a stick. It was just charged off, today, on what would have been my mother's 59th birthday. My score is in the high 400s. I give literally zero fucks about financing jack poo poo for the next few years, but I know that if I want to do that in the next seven without getting a bankruptcy (unless I should at this point?) I need to do something, if there's something to do. Being a goon, I know how to block numbers, about the FDCPA, and how to play fart noises at scammers using a soundboard, talking about "private business matters." I've already tested it out on some process server scammers. Obviously for things not yet charged off I can just call them, wait through the haggling bullshit with someone who barely speaks english, and get on payment plans. For the car, it's nearly 2000 miles away in a locked garage, and now probably impossible to sell. They can't get it, but won't accept partial payments on jack poo poo last I spoke, so besides parting it out or just abandoning it I'm not sure what to tell my stepfather to do with it. Is there any utility to actually working on this debt now that it is charged off? It's almost certainly already working it's way through to a debt buyer, so I'm not sure what to do except shrug and catch up on everything else. Also, how long can I expect my credit to be about as attractive as a Leper with space aids that hosed a skunk? What I've seen apparently says that you're untouchable for two years but if you're current and caught up on other poo poo by then it's worth talking to someone if you want a house or whatever. Also, is renting going to be a pain in my rear end for any period of time? Happy Holidays, goons. Don't trust family and save your money no matter what. Edit: Santander says they'll take a less-than-full payoff to release the title. Seems like this would be worth taking since it's less than half? Space Whale fucked around with this message at 19:48 on Dec 7, 2017 |
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Dec 6, 2017 04:23
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Well, I screwed up. After years of working to get poo poo under control, I missed one damned collection notice and now I'm being sued. I have two private student loans that went into collections. Some debt collector (Resurgence Legal) purchased them and sent me notices. Somehow I managed to only send one validation request, which they never responded too. Now they are suing me for the one I apparently forgot to respond too. So here's hoping they give me an offer I can afford in the pre-court meeting! So yeah, if it hasn't been said enough throughout this thread, always send the validation requests for every collection notice. Ugh...
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Jan 27, 2018 21:03
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