Contesting a debt after finding the "debt confirmation" faulty

[Vilsenhet]

Jurisdiction

California

I got a debt collection notice from a rental company that had no right to charge me. I contested the debt and they responded with the "debt confirmation". Neither of the documents they provided proved that I owe the money. What steps can I take to contest the debt after this so-called debt confirmation? Do I have to go to court?

One or two years ago I was looking at moving into an apartment. I was getting ready to sign a lease after putting in my application. I had discussed a refundable holding fee for the apartment with the agent, but never legally agreed to anything. Before a lease was even presented to me I found a better apartment. I clearly communicated this to the agent and I thought that was the end of it. Now they're telling me I still owe that holding fee. What's the procedure for contesting a debt like this? If I have to go to court, who do I take to court? Would I have to appear in person? Can these charlatans hurt my near-perfect credit if I don't hire a lawyer?

 

[army judge]

What steps can I take to contest the debt after this so-called debt confirmation?


Do I have to go to court?

If you and the ALLEGED debtor are unable to reach an agreeable solution, your ONLY remaining legal option would be to litigate the matter before a court of competent jurisdiction.

 

[adjusterjack]

(1) Contesting a debt after finding the "debt confirmation" faulty | Forum.FreeAdvice.com

 

[Zigner]

As I said in the other forum, there is very little that is actually required in a debt validation.

 

[adjusterjack]

Vilsenhet, see section 809

Fair Debt Collection Practices Act | Federal Trade Commission (ftc.gov)

 

[army judge]

Nothing is fair in: LOVE, WAR, DIVORCE, or DEBT COLLECTION.

Chairman Mao Zedong once said, "Politics is war without bloodshed, while war is politics with bloodshed."

Paraphrasing Chairman Mao Zedong, "Love is usually war without bloodshed, while collecting debts is rarely without bloodshed."



How To Deal With Debt Collectors | Bankrate

 

[adjusterjack]

Fair is where you go on rides and eat cotton candy. Nothing else is.
Jack's law.

 

[zddoodah]

What steps can I take to contest the debt after this so-called debt confirmation? Do I have to go to court?

I don't understand what you mean. You told us that you already "contested the debt." What more do you want to do and why? You have no apparent basis to "go to court" for anything.

I had discussed a refundable holding fee for the apartment with the agent, but never legally agreed to anything.

What does "legally agreed" mean? Why not just say that you "never agreed to anything"? Did you agree in some way that isn't "legally"?

What's the procedure for contesting a debt like this?

Again, I'm not sure what you mean. You told us that you already "contested the debt." What "procedure" did you use when you did that?

If this person claims you owe money and you claim you don't, then there isn't anything for you to do other than communicate that to the other party. The other party can either sue you or let it go. I doubt a "holding deposit" is enough to make suing worthwhile (even in small claims court), but I obviously can't know that for sure. I suggest that you keep an eye on your credit report and, if this ever appears, you can follow the procedures outlined in the Fair Credit Reporting Act. If this is a third-party debt collector and it keeps hounding you, follow the procedures in the Fair Debt Collection Practices Act.