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Management Company Says I owe $2160.. 6 Years later! Cleaning, Repairs

Discussion in 'Moving In & Out, Movers' started by TDL88, Aug 19, 2016.

  1. TDL88

    TDL88 Law Topic Starter Guest

    Jurisdiction:
    North Carolina
    I moved out of a townhouse in Raleigh, NC over 6 years ago and I just received a notice yesterday from a collection agency that I owe the management company $2160. I have no idea what for! I was not evicted, turned in my keys, left the place clean, normal wear and tear from living there 5 years, etc. I paid the last months rent and the management company also kept my security deposit without sending me an itemized list of what it was used for which is required by law in NC.

    No lawsuit or court order was ever filed by them and now 6 years later I'm getting this notice! I called the management company but they said they don't keep records that far back and I have to call the collection agency.(probably just an excuse not to deal with me)

    Can they even legally collect at this point since NC has a statute of limitations of 3 years on debt? I have not called the collection agency yet because I wanted to get advice first.
     
  2. mightymoose

    mightymoose Moderator

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    Without a court order there is no obligation for you to pay it.
    Check your credit report for this. If it appears you need to challenge it and get it removed.
     
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  3. army judge

    army judge Super Moderator

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    You need to read your original rental documents to understand your legal options.

    In many situations, legal action (as in court) may not be allowed, other than arbitration and/or mediation.

    Without looking at your original lease, what's happening today might be allowed.

    You're right, the SOL in NC does protect you, BUT, BUT, BUT....
     
  4. TDL88

    TDL88 New Member

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    Army Judge,

    Thank you for the reply. I signed a 1 year lease with this company when I first moved into the townhouse. That was in 2005. After the lease expired I was on month to month for the next 4 years before I moved out. They never asked me to sign another lease. Because that lease expired 10 years ago and I moved out of the place 6 years ago, I do not still have a copy of it. Since it expired long before I moved out I would not think it has any bearing on my current situation.
     
  5. army judge

    army judge Super Moderator

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    Okay, I will believe you'll be able to work this out to your satisfaction.
     
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  6. adjusterjack

    adjusterjack Super Moderator

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    The statute of limitations is ONLY the time limit for filing a successful lawsuit. Theoretically, without filing a lawsuit they can hound you forever until you send them a cease and desist letter in accordance with the FDCPA.

    When you call them back you are free to tell them that the SOL ran out and where they can put the debt and not contact you anymore. You might still have to write the letter if they keep bothering you.

    As for your credit reports, if it's on them and somehow a legitimate entry, it doesn't come off that easy until it drops off after 7 to 7 1/2 years from the default.

    When you dispute the item, the credit bureau contacts the collection agency (if shown as a collection account) and the collection agency responds with documentation of the debt, so it stays. Shouldn't stop you from trying. You can do all three credit reports on www.annualcreditreport.com
     
  7. army judge

    army judge Super Moderator

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    If the credit predator insists on stalking you, there's always a chapter seven BK filing.
    You can discuss a BK filing with a local BK lawyer.
    Or, you can even do a "pro se" BK.
    The "pro se" forms can be procured online for about $75-$100, with instructions.
    A BK will defeat most judgments, and end up with the entire debt discharged.
     

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