A few years ago, I disputed a charge from a landlord regarding damage to an apartment unit I rented for over 4 years. The landlord not only wanted all of my $2000 deposit, but an additional $700 to cover the cost of a new carpet. I responded by pointing out that their lease agreement exempted tenants from responsibility for carpet damage after 36 months of tenancy. He seemed to take it under advisement, and I didn’t hear anything more… until a couple months ago, when a collection agency started sending demands fro payment of $700 + $200 interest, or $900.
A quick online check of my credit reports at the three bureaus reveals that a “derogatory” mark from this collection agency has shown up on two of my reports.
Is it possible that they have obtained a judgement against me? I’ve moved several times between 12/2000 and now and could easily imagine missing notification. Can I dispute the charge to the reporting bureaus? I’m unsure how to proceed, but I most certainly do not want to pay the $923.
If there was a judgement, that would be on the credit report, too. First, contact each credit bureau and tell them the item is in dispute. Then, contact the collection agency and tell them what you’ve told us. If you still have copies of your lease, provide them with a faxed copy. If you have any correspondance, provide that as well. Tell them you expect the item to be removed from your credit report within 60 days. If you communicate by phone rather than in writing, make sure you note with whom you speak and when. Send your first communication to them by registered mail, so you have proof you’ve made a dispute. Keep copies of everything. Document, document, document.
You always have the right to dispute items with each of the credit bureaus. Write each of them disputing the item. They are then required to investigate within 30 days and report back to you on their findings. From what others have said in other threads on this topic, sometimes the bureaus will just remove the item rather than hassle with an investigation.
If your ex-landlord had obtained a judgment against you the item would show up as a judgment in a separate section of the report. If all that’s on your report is the derog then there was no court judgment. It sounds like he just reported the item directly to the collection agency, who are probably the ones who reported it to the credit bureau.
I would contact the collection agency in writing. Advise them of the terms of your lease which release you from liability for the carpet. Attach a copy of the lease if you still have it. Advise the agency that if they continue to collect on this bogus debt that you will hold them civilly liable under the Fair Credit Reporting Act and the Fair Debt Collections Practices Act, and that you are giving them 30 days to advise you in writing that the debt has been cleared. Send the letter with delivery confirmation/signature required and keep a copy for yourself. If the agency continues to come after you, sue them.
I would do the same for your ex-landlord. Tell him to, within 30 days, withdraw the item and tell the collection agency to regard it as a mistake or you’ll hold him civilly liable. Kepp copies of everything.