What constitutes a "valid" debt? (rental "damages" in California)

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bigmuzz

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Sorry if this is in the wrong section.

After I moved out of an apartment, the landlord sent an itemized list of "damages". These are vehemently disputed by me and both of my roommates (a different topic altogether). The amount of "damages" they claimed was more than our deposit, so they sent us a bill.

I am planning to dispute these "damages" in small claims court; I havent filed the suit yet in hopes that the matter could be resolved. My 2 roommates went ahead and paid 2/3 of it.

Recently, the complex sent the ENTIRE bill to collections (a month after 2/3 had been paid). All three of us have received the collections notice (and so did a prior roommate who was not on the final lease). We plan to dispute both the 1) amount and 2) validity of the debt.

My questions are:

Can the fact that 2/3 was paid PRIOR to the bill being sent to collections serve to disqualify the collection attempt? (i.e., the amount is invalid) What kind of proof is needed-- a simple receipt from the complex, or do we need the cancelled check?

Is there any way we can dispute the Validity of the debt? In this case, the apartment complex basically made up bogus charges. It could have been for any amount they wished. Do they really have the ability to do this? Can I dispute the validity of the debt? Or do I need a court judgment to do that?

Does the extra name disqualify the collection attempt? (She was on a previous lease, but she moved out and was not on the current lease.)

Thank you so much, in advance.
 
Your roomates paying their share of the damages is evidence that does not weigh in your favor. The fact that there may have been a mistake made in sending the entire bill to collections would probably have little if any effect on your case. What might help you is to have your roomates' support in your claim and dispute the validity of the debt. You should send a dispute in writing to both the collection agency and your landlord. Your roomates may want to file a claim in small claims for return of their money. You wouldn't file since you have no monetary damages, unless it includes a deposit which was not returned to you. In court, the complex would need to prove it's case. If they came into court and just stated all the damages they would probably face a disgusted judge. This is a common practice of bad landlords. Always best to take pictures of your apartment before and after you move in and out.
 
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