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Old 09-03-2002, 08:32 PM
john2456
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collection notice from previous landlord


What is the name of your state? NY

1 - Is it possible for a landlord who is owed money to get a judgement against you if they cannot find you?

i owe my previous landlord money. for 7 months i heard nothing from them. concerned that maybe they got a judgement against me i got a copy of my credit report. the credit report has my new address. about 3 weeks later i received a collection notice from a debt collector working for my landlord. (i assume they found me through the address on the credit report. the place i reside in is not in my name. is there another way for them to find me?) Please tell if what follows will work!
I sent an online dispute to the credit report company saying that my previous address is still my current address and that the new address is a mistake. i did this hoping that the only reported address on the report is my previous one. if this happens i want to then send a letter to the debt collector saying that ,although there is a person by the name of who they are looking for at this address they sent the letter to, i have never lived at the previous landlords apt and want them to check and correct their records. when they get a new copy of my credit report it will have the old address.
will this prevent them from contacting me again and pursuing further action. if so how long until they can no longer collect the debt?

i'm also wondering if i could somehow add this debt to my bankruptcy discharge which happened one year ago? ( at the time i had a job and was up to date with rent) my credit rating is improving, i'm getting new credit cards, i don't make much money so this letter really hurts.

by the way, when i lived at the previous address the landlord tried to evict me and in court i signed an agreement with the lawyer to pay by a certain date or i would be evicted. i signed but when called to the judge i found that they changed the terms of the agreement and the lawyer were nowhere to be found so the judge dismissed it. a couple months later i'm back in court for eviction and the lawyers fail to show up so the judge postponed the date. after i moved out ( broken lease) i was evicted.
does this work in my favor for not having to pay?
thanks
  #2  
Old 09-04-2002, 09:33 AM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
1 - YES, its possible. In most states there are provisions for service of summons, which you'd get if the landlord were suing you for back rent. If they cannot serve you in person, they can usually serve you by certified mail, regular mail, posting papers at your last known address, and in some states, posting notice in the newspaper. Any and all of these could pertain to your state, so it almost doesn't matter if they can't find you.. they'll get their default judgment anyway.

As for playing fast and loose with the CRA's on your address, etc., I'd say you're playing with fire. At some point, your new address is going to get into your credit file and they WILL find you. CA's have other ways of finding you, its not impossible, believe me.3

How long before they can no longer collect ?? The SOL for credit cards in NY is SIX years, but that's just the SOL for being sued. However, if they get a judgment, its good for 10 years and its renewable so it can follow you for a LONG time.

No.. you CANNOT add this debt to a discharged bankruptcy, so forget that, you're on the hook.

You were evicted AFTER you moved out ??? Sounds pretty stupid to me, but I'm afraid it does NOT help your case. You failed to pay the rent you owed, so they are entitled to collect it !
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