I need a bit of advice here. I recieved a call from a collection company today stating that I owe a significant amount of money to the new company that used to own an apartment complex that I lived in over two years ago.
Background: I had two roomates, and the lease was transferred, (not sub-let) to one of them when I moved out. I have paperwork to the effect that I was released from the lease, and any and all responsibilities to the complex. I’m certain what has occured is that they purchased an old account, and after having exhausted themselves trying to find the responsible tennant, they’ve turned to trying the other people on the leases’s history. :mad:
My question is this: What are my responsibilities in proving my “innocence” at this point? Need I bother with faxing this company my paperwork? Further, Their number doesn’t match up to the company that a telephone search of the number revealed. :dubious: If they ARE scamming for information, how can I tell? Lastly, what should I ask them for in return if I do send them copies to “clear” myself?
In general, when you are contacted by a collection agency, you have the right to demand that they furnish proof that you owe the debt they are trying to collect. If they cannot do this, then they must refrain from contacting you.
The burden of proof is on them, not you. If they do come up with proof from the original landlord (highly unlikely), then you can step in with your documentation to refute it.
Make sure they don’t put any negative information on your credit history. They have to give you the information about the collection, so get it. Be sure when all is done you have in writing that the complex owners don’t have any right to collect and they acknowledge, that they never had the right. It will help you in the future, when it happens again. They all ready messed up once, expect it again, and it will help in the future if this shows up as a credit problem on your report.
No, you’re not required to prove your innocence. But it’s in your interest to persuade the collection agency that you’re not worth pursuing. And, frankly, foolish not to try, if you can do so simply and easily. Now, if they refuse to listen, this becomes a true legal matter and beyond the scope of the Board. Translation: You’ll need to hire an attorney. To head that off, I’d send a letter (not a fax). Send it certified. Broadly speaking, letter says, “I understand you think I’m responsible for this lease; not so.” Enclose a copy of your release. Their move.
Thanks for the responses. As it turns out, I’ve got the collection agent agreeing with me that I am not responsible for the debt. Unfortunetly he has to get the complex to see the light as well. I’ve managed to find paperwork that shows the termination of the lease in 2006. The debt they are contesting is from that period until april of this year. Their argument is that since the guy who was left didn’t sign anything that I am still responsible. I have papers showing my release signed by the property manager. My thoughts are that their lack of follow-up with the remaining tennant, as well as their willingness to continue to accept money from him for over a year would constitute SOME sort of agreement with him, and their negligence does not constitute liability on my part. Further, I was serving in the Air force at the time and there is a service act that exempts servicemen from leases during active duty anyway.
It’s been a long time since I’ve dealt w/ the Soldiers and Sailor’s Relief Act and it was updated in 2004. Here’s the part I think you may be referring to:
“TERMINATION OF RESIDENTIAL LEASES DURING MILITARY SERVICE: The SCRA allows military members who receive permanent change of station (PCS) orders or are deployed for a period of 90 days or more to terminate a lease by providing written notice to the landlord along with a copy of the military orders. The termination of a lease that provides for monthly payment of rent will occur 30 days after the first date on which the next rental payment is due and payable after the landlord receives proper written notice.”
Whether this applies in your case, you’ll have to determie.