Found an issue on this page? Let us know and we will look into it as soon as possible.
My landlord sent my account to collections after he re-rented the property.
Anonymous2 views2 answers
My landlord re-rented the property but still sent me to collections agency for the entire amount of rent owed under the lease agreement. Can I sue the landlord for financial injury or defamation for sending me to collections.? What cause of action do I have for suing the landlord?
The agency has to prove you owe the money if dispute in writing. The landlord and the agency have the burden of proof in court. You need to consult with a consumer protection or bankruptcy lawyer locally for private and specific advice on your particular issues.
Many lawyers on this site offer a free consultation and you can find one near you by using the Find-a-Lawyer Tab above and make an appointment for legal counseling, and take your paperwork and a written chronological summary.
1. Keep a detailed log of all calls and letters and a paper file of all information. Because persistent violations of the FDCPA are punishable by statutory fines and attorney’s fees under federal law, but you need hard evidence.
2. Make a written demand that all further communications from creditors is in writing under 15 USC 1692 (c). The letter should also contain a dispute of the validity of the charges and include a demand for a complete accounting with signatures, and all contents of their file.
The creditor then has 30 days to reply and they may not take any action until you have been sent the validation. Bear in mind that this may be motivation for the collector to work your account when the file comes to them from the original creditor with new information pressure from the original creditor to collect.
3. Do not give them any personal information because that is how collectors decide on which accounts to recommend suing. Remember they may not tell the truth and will say just about anything to get a payment from you and that payment reaffirms the debt, gives them information about you and your bank and ability to pay.
4. If you are going to make payments use money orders only and never personal checks, wire transfers, money grams, or “check by phone.” If the collector finds a bank account, the collector will be more likely recommend a lawsuit to their legal department.
5. Collections are negotiable; the original creditor has given up and is losing up to 50% on the face value already either by splitting any return or selling at a huge discount. In addition, the costs of a lawsuit although discounted still are a factor in the decision to settle with you.
If you are going to settle mark the check “settled-in-full” at the very top back of the check and include a letter explaining that you are offering a settlement, keep copies of everything.
6. Get written confirmation of any payment plan the agency will accept before making a payment.
7. Specify in writing that all payments shall be applied to principle first.
If you’re ready to throw in the towel, go see a local bankruptcy attorney and explore your options for federal protection. The protection will even look back 90 days from filing, get back money taken by the collectors, and apply it fairly.
DO NOT use a paid debt settlement service; most of them are scammers.
Links to your rights; http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf
Debt validation template
http://www.credityoda.com/debt-validation-letter.html
Look for a qualified consumer protection attorney for a low cost or free consultation:
http://www.naca.net
If this answer was helpful, please mark as helpful below. Be sure to indicate the best answer. Good Luck
Generally no, but he CAN sue you for the difference in rent. Meaning all of unpaid amount between you leaving and the new tenant, and then any shortfall if say he was getting $1,000 from you but now can only get $800; you would be liable for $200/month until the end of your original lease term. This is not certainly not defamation and you have no financial injury if there isn't an active lawsuit and you haven't paid anything yet. Collections means nothing to your financial health, as per above even if you only end up owing $100 it could validly go to collections. You need to see a lawyer ASAP.