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Is my debt colector breaking the law, and is there anything I can do about it?

Discussion in 'Other Debt, Collection, Garnishment' started by CharlesCB, Sep 6, 2018.

  1. CharlesCB

    CharlesCB Law Topic Starter New Member

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    Hi. Upon moving out of an apartment complex for 5 years, the complex has without contacting me at a forward mailing address that was provided, claimed that I owe the $990. They have avoided all attempts at contact and will not speak with us. The collection agency was the first time hearing this amount was owed, and they say the apartment complex claims there was no security deposit, but instead a surety bond. Which is definitely not the case. I have requested by certified mail that I would like proof of the debt, and also proof of this surety bond that does not exist. After receiving confirmation that our mail was delivered, we have had no response from them for months. As of now, we are attempting to purchase a home and the mortgage lenders will not move forward until this debt is cleared from our credit, forcing us to pay a debt they have not proved we owe. When asked about the US certified mail that we sent, they claim to have not received it despite our literal proof that they signed off on it. They claim they will take the payment and return it to us when we can clear up that the debt is not ours, but I highly doubt this. While looking for proof of the security deposit, our bank does not have records dating that far back. Please help. These people are bending us over backwards to pay a debt that we do not owe, affecting our otherwise immaculate credit score, and holding our new home as ransom.
     
  2. mightymoose

    mightymoose Moderator

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    Have you contacted the credit agencies to dispute the infuriating in your credit report? If not, do so.
    The landlord will have to produce a judgment from the court.
    You can check with the court to find out if there was a hearing dinnerts after you moved out for which you did not appear.
    If there was a hearing you will have to look into how to get a new hearing due to never receiving notice of the initial one.
     

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