Hello
  1. Free Legal Help, Legal Forms and Lawyers. TheLaw.com has been providing free legal assistance online since 1995. Our most popular destinations for legal help are below. It only takes a minute to join our legal community!

    Dismiss Notice

Collection of rent Other Debt

Discussion in 'Other Debt, Collection, Garnishment' started by Georgia Mellis, Dec 11, 2018.

  1. Georgia Mellis

    Georgia Mellis Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Jurisdiction:
    New Jersey
    Relating to NJ statute of limitations:
    Collection of Rents
    16 years, generally. NJSA § 2A:14-4
    Actions on lease, specialty, recognizance or award; 16 years; effect of payments; action on instrument under seal brought by merchant or financial institution; 6 years

    I have a debt on my credit report from 2012 in relation to monies due on an apartment.
    Background, after issues with apartment (I tried negotiating upcoming lease & amenities after being there over 16 years), they filed to evict, but I left, leaving security deposit as last month's rent (I left in last month as lease ended). They canceled eviction (as I was gone & also checked with the court) but still sent bills for "unpaid rent"/damages(?)/outrageous cleaning fees & anything they could legally tack on (and this debt is on credit report). In relation to above statute,will this debt will be outstanding for 16 years as opposed to 6?

    As an aside, they (their debt collector) only sent a couple of bills back in 2012, and now I just get notice that the interest on debt increases every few months on credit report. I tried negotiating/disputing the charges back then but no dice - so every few years would just dispute on credit report & go on from there) . Thank you for any clarification on above statute!
     
  2. army judge

    army judge Super Moderator

    Messages:
    35,255
    Likes Received:
    6,181
    Trophy Points:
    113


    The answer you seek is hard to say with precision.

    If the debt is onerous, consider a chapter 7 bankruptcy, assuming you otherwise qualify to file a bankruptcy.

    As to the disputed amounts, the time to argue was in 2012.

    However, it appears you erroneously chose to walk away.

    When you abandoned the property you allowed the landlord to gouge you far deeper than you imagined.

    There are two sure fire cures to resolving the dispute.

    1 = You can pay in full the tribute demanded by the landlord/collection scavenger.

    2 = You can file a chapter 7 bankruptcy.

    That's about all you've got at this point, mate.
     
  3. Georgia Mellis

    Georgia Mellis Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    I'm trying to decipher:
    Collection of Rents
    16 years, generally. NJSA § 2A:14-4
    Actions on lease, specialty, recognizance or award; 16 years; effect of payments; action on instrument under seal brought by merchant or financial institution; 6 years

    Will this debt will be outstanding for 16 years as opposed to 6?
     
  4. adjusterjack

    adjusterjack Super Moderator

    Messages:
    11,173
    Likes Received:
    4,320
    Trophy Points:
    113

    The 16 year SOL in 2A:14-4 applies to "instruments under seal." The 6 year SOL in 2A:14-1 applies to "contracts not under seal."

    Took me a while (you're welcome) but I found an explanation of sealed vs not sealed in Beneficial Finance Co. v. Dixon, 327 A. 2d 695 - NJ: Superior Court 1974.

    Read more at:

    Beneficial Finance Co. v. Dixon, 327 A. 2d 695 - NJ: Superior Court 1974 - Google Scholar

    My guess is that your rental agreement is not "under seal" and is therefore subject to the 6 year SOL. Understand that the SOL is a time limit for filing a lawsuit. It has nothing to do with how long a negative item remains on your credit report which, in most cases, is seven years. It also has nothing to do with how long a creditor can keep sending you bills (forever) without actually suing you.

    You don't say when, in 2012, you defaulted but, unless it was in the last 3 weeks of the year, you're probably safe from a lawsuit and the item should drop off your credit report some time in 2019.
     
    Georgia Mellis likes this.
  5. army judge

    army judge Super Moderator

    Messages:
    35,255
    Likes Received:
    6,181
    Trophy Points:
    113


    Your reasoning is correct, sir.
     
  6. Georgia Mellis

    Georgia Mellis Law Topic Starter New Member

    Messages:
    3
    Likes Received:
    0
    Trophy Points:
    1
    Thank you adjusterjack so very much! I just couldn't find out what the "under seal" meant.

    I know I was a bit brief in my initial post, but this is bit of a weird case where they're not sending bills (only the initial one way back in 2012 from the apartment) - essentially the apartment sold it immediately to a debt collector, and they only sent 1 bill. I couldn't get a specific verification and any disputes were answered with "It's valid" even though I couldn't get an itemized list, i.e., what the specific "damages" were, what the "cleaning fees" entailed. The debt collector bought a total debt, which, yes, according to the apartment I owe, but I couldn't get specifics/itemization.

    But throughout these disputes over the years (about 4 in total), they never sent an additional bill, nor initiated any court proceedings. I think they know if I took the time to get to the nitty-gritty with a legal challenge, they would lose, or at least realize there's an issue with this debt. But they also know if I did this, I would either open myself up to owing something and/or screw up the SoL. It's like a catch-22.

    But, thanks again adjusterjack - you've been a great help!
     
  7. adjusterjack

    adjusterjack Super Moderator

    Messages:
    11,173
    Likes Received:
    4,320
    Trophy Points:
    113

    Collection agencies (like the Spanish Inquisition) rely on fear to wring money out of people. Fear and surprise, etc (you know the rest if you are a Monty Python fan).

    Anyway, you handled it right by ignoring it at this point.
     
    Georgia Mellis likes this.

Share This Page