Help! Debt Collectors Calling Me!

[VinnieZ]

Hey guys! This might be sound complicated but it really is not, so please bear with me. I am located in PA.

Last year, I was a renter at a house near my school. We had 2 robberies occur and told our landlord, who opted to get us an alarm system. I was the only one home when the alarm system was installed and our landlord told me to sign for it. Only problem was that the contract was for 3 years, to which I responded to the people who were installing the alarm and my landlord that it was for 3 years and we did not want that as we would be moving out after graduation. They said that after we graduated and moved out, we would be able to switch it into my landlords name.

However, after we graduated, our landlord mentioned to me that she intended to sell the house. Also, early on in the summer, the alarm company contacted me, to which I responded I was only a renter and that I wanted to switch it into her name. I gave them her number and that was the last I had heard of it. Now 5 months later, I get a call from the debt collecting agency coming after me. Im assuming she said she didnt want it and since my name is on it, I bite the bullet.

I just dont know what to do. I mean my only defense in my head is why would I sign something being a renter and KNOWING that I would be moving out after graduation. It was all verbal communication.

Any advice would be greatly appreciated. Being 22 years old, this is quite a shock to me and I just dont know what to do. All in all very upsetting, so any help is appreciated. Thanks!

 

[Antigone*]

Well, if you signed the contract then you are on the hook for the balance due on the contract. You may have had a verbal agreement with your landlord, but that means nothing when it comes to this contract that you signed.

You will be held accountable for this debt. My suggestion to you is to sue your ex-landlord once you have paid the contact.

take care, ana

 

[VinnieZ]

The thing is I dont have the money to pay this off. Should I negotiate and try to get it lower? Also, should I involve my old landlord at this point and tell her that if she doesnt switch the name of it, it would cost her more money?

How would I go about suing her based on a verbal agreement? I mean would I just say it does not make sense for me to sign a contract knowing that I would be moving out. What do you think?

 

[Antigone*]

The thing is I dont have the money to pay this off. Should I negotiate and try to get it lower? Also, should I involve my old landlord at this point and tell her that if she doesnt switch the name of it, it would cost her more money?

How would I go about suing her based on a verbal agreement? I mean would I just say it does not make sense for me to sign a contract knowing that I would be moving out. What do you think?

You should speak to your ex-landlord and let her know that you are being held accountable for this debt and that you intend on suing her in court for reimbursement. See you have to pay the debt (suffer damages) in order to recover.

The logic behind your case is that she set up the appt. and had the alarm installers come to the home you were renting. The landlord asked you to sign the contract in her absence. The home belongs to her, and the return on the investment you were forced to pay is benefiting her.

First you really need to address the bill. Attempt to negotiate a payment plan with them - whatever you do, don't ignore them.

Take care, ana

 

[VinnieZ]

I actually just callled a free legal advice number that my work offers to us. The person I spoke to was very helpful and told me to write a formal dispute letter to the debt collector. The matter is only for $1,100.00 so he said that if I write the letter, he probably will end up just dropping it because his commission can't be for that much.

He told me to state that I was acting as an agent for the landlord because (a) I did not own the house and (b) I knew that I would be moving out in May. There is no logical reason why I would sign the contract given these 2 reasons. I only did so because that's what I was instructed to do by the landlord. He also told me to refer to the Fair Debt Collections Act in the letter.

What do you guys think about that?

Also, can anyone recommend a site with sample letters to send to a debt collector?

 

[Zigner]

I think that you may very well be sued, based on that letter.
Did you sign the contract as "agent for"?
Also, is the CONTRACT in your name, or the landlord's name?

 

[VinnieZ]

Zigner,
I did not sign as agent for and the contract is in my name. But at the time of the signing, I did speak to the landlord and she said it would be switched into her name after we moved out, and also the people installing the alarm system stated the same thing.

The attorney I spoke to over the phone said that the issue most likely would be dropped based on my letter explaining the situation. He also stated that if it did go to court, my reasoning alone would be enough to have the judge instruct the alarm company / debt collector to go after the landlord for the money owed, instead of myself.

Again, this is all for $1,100.

What do you think?

 

[Zigner]

I think that YOU agree to the contract that was in YOUR name. You are on the hook for $1,100. Why did you sign a 3 year agreement when you would be moving sooner than that? Who knows...people do stupid things. Then again, perhaps you intended to remain there longer.

In any case, yes you CAN be sued over $1,100.00. In this tight economic times, it's even more likely.

 

[VinnieZ]

Zigner,
I obviously dont know anything about this stuff...thats why I am posting here. But my whole argument is why would I sign for 3 years knowing that I would be leaving in 6 months into that? I was obviously instructed by the landlord to do so in her absence. I called her stated that I did not want to sign, but she said to because she was not present. I did not intend to stay there longer as I would be graduating in May and have no reason to stay there. I never expressed any intentioned to stay longer than May.

The information that I stated in my previous post was given to me by an attorney from the company where I work. He said to write the letter to dispute the charges. This is the template I will be using: Debt collection dispute letter - free sample letter

I will send pretty much that letter, except I will personalize it to my situation and add another paragraph explaining that I signed as an agent at the request of the landlord because there is no logical explanation as to why I would sign for 3 years.

Again, like I said, I have no experience in this stuff and am just repeating to you what I was told by an attorney at my company. I really appreciate your comments/help in resolving this matter. Thanks!

Please keep the comments coming.

 

[Zigner]

All that will happen is that your debt will be verified. Per your own admission, YOU AGREED to pay the money.
Even if you successfully sue your former LL, YOU will still be on the hook to the alarm company.

If you were signing as an agent for the LL, then the contract would have been made out in HIS name. Not yours.

 

[TigerD]

Zigner,
I obviously dont know anything about this stuff...thats why I am posting here. But my whole argument is why would I sign for 3 years knowing that I would be leaving in 6 months into that?

It doesn't matter why -- you did sign it.

I was obviously instructed by the landlord to do so in her absence. I called her stated that I did not want to sign, but she said to because she was not present. I did not intend to stay there longer as I would be graduating in May and have no reason to stay there. I never expressed any intentioned to stay longer than May.

Not relevant - the landlord didn't sign anything.

The information that I stated in my previous post was given to me by an attorney from the company where I work. He said to write the letter to dispute the charges. This is the template I will be using: Debt collection dispute letter - free sample letter

That letter isn't bad, which surprises me. Most of the time validaiton letters on the Net are very bad.

I will send pretty much that letter, except I will personalize it to my situation and add another paragraph explaining that I signed as an agent at the request of the landlord because there is no logical explanation as to why I would sign for 3 years.

Don't waste your time - nobody is going to read it. Frankly, the collection agency doesn't care. They will send you the name and address of the alarm company and maybe even a copy of the contract. And continue collecting against you.

Your only real option at this point is to pay the bill and sue the landlord if you think you have a case. And you might be able to pull it off in small claims, I don't know.

DC

 

[VinnieZ]

I appreciate your comments guys.

I mean the information I received was from an attorney so I think I'm getting it from both sides. You guys all seem to be debt collectors. I mean the letter wont hurt.

But also, if they turn this into the credit card bureaus, can't I just dispute the charges?

Also, does the fact that I was only a renter and had a lease until May affect this in any way?

 

[Zigner]

I appreciate your comments guys.

I mean the information I received was from an attorney so I think I'm getting it from both sides. You guys all seem to be debt collectors. I mean the letter wont hurt.

But also, if they turn this into the credit card bureaus, can't I just dispute the charges?

Also, does the fact that I was only a renter and had a lease until May affect this in any way?

ALL of this has been answered.

The letter won't hurt. It also won't help.
The dispute won't make a difference since this is a valid debt.
The fact that you're a renter MAY help you recover from the LL, but you are still responsible to the alarm co.

 

[VinnieZ]

Thank you all for your help. I really do appreciate the comments.

My last thing that I can think of is this. What are my options if I wasn't the one who signed the contract? I mean I know that my name is on it, but what if my signature was signed by someone else? Does that do anything for me?

 

[Zigner]

Thank you all for your help. I really do appreciate the comments.

My last thing that I can think of is this. What are my options if I wasn't the one who signed the contract? I mean I know that my name is on it, but what if my signature was signed by someone else? Does that do anything for me?

Lying won't help either...