Collection account for amount not owed

[kmenc]

What is the name of your state? North Carolina

Since this originally involved a Landlord/Tenant dispute, I posted over at the Landlord/Tenant thread, but it was recommended that I post the question here as well.

When I moved out of an apartment almost 3 years ago, the landlord did not send a final accounting within the 30 days required by my state (NC). Although the charges they did eventually send were debatable, I refused to pay based upon their failure to send the accounting within the required time. There was no security deposit - it had been refunded 2 yrs earlier when I switched units within the same apartment complex; they were demanding additional payment. They sent the amount to a collection agency with whom I re-stated the basis of my refusal to pay. I heard nothing more and checked my credit report a year after the move-out. There was nothing there, and I assumed they had dropped the matter (stupid me). Recently, my credit union notified me that my access to a line of credit with them had been suspended because the former landlord & collection agent had placed a collection account on my credit report. I checked my credit report and the collection account was now there (it had been placed only a month after my last credit report check).

My original inclination was to file suit and seek to have the "debt" declared invalid based upon NC's 30 day requirement for notification of rental damages, and use that judgment to have the collection account removed from my credit report.

What I have been told on other threads is that, since this was not a creditor/borrower relationship, and there was no acceptance on my part of this debt, and no agreement to pay, and no court judgment ordering payment, that the collection account could be challenged with the credit bureaus on that basis. Is this accurate? I have never heard that any of these were required for someone to place a collection account on a credit report if they believed they were owed an amount. If this is true, that's certainly good news. If not, there are other angles I may pursue. But this would certainly be the most direct and least costly.

Any thoughts/insights would be helpful.What is the name of your state?What is the name of your state?

[ecmst12]

It takes more then BELIEVING that someone owes you money to be able to report to the credit bureaus (legally). Anyone can BELIEVE you owe them money. But if you never signed a paper saying you acknowledge that you are borrowing this money or receiving this service and agree to pay X amount by Y date, then that is not a valid, proven debt until a judge says it is.

[kmenc]

could sections of the lease agreement itself constitute a promissory note or agreement to pay damages?