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  #1  
Old 03-30-2007, 09:05 AM
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SoL on Collection of old rent & other fees?


What is the name of your state? Kentucky.
In late 1998 I moved into an apartment outside of Lexington Kentucky and for reasons due to poor judgment, loosing my job, and getting a divorce, I walked out before being served with a formal eviction notice. However there I did receive a letter stating that an eviction notice would be filed against me. By January or February of 1999 I was out of the apartment. I have lived in the City were I reside for six and a half years and in my present address for the nearly the past five years. That's all for the story up till now.

I recently received a letter in the mail from a collections agency pertaining to a debt to a party identified as the "Hager Family". Hager was, I believe, the name of the company that owned the apartment. In its entirety I will relay the letter I recived in this post and along with some questions. Any comments are welcomed and appreciated. Thank you.

Dear Mr. XXXXX XXX XXXXX

We have made attempts to assist you in resolving your unpaid balance with our client. Since you have not made arrangements to satisfy the debt, we have no alternative but to recommend that our client consider legal action against you. In addition to the principal balance we will also request any additional court costs, interest and possibly attorney fees to the balance due.

We will start our investigation into your personal assets as of today. These findings along with an affidavit will be forwarded to our client so that we may obtain authorization to send your account to our attorneys for suit. This may result in either a wage garnishment, attachments property or bank garnishment based on the results of our investigation.

You can stop this action from being taken by sending the payment in full or contacting this office today for arrangements.

Sincerely,

Mr. Blah

So my questions are the following

1. If this is an attempt to collect on back rent from an apartment that I basically just walked out of in early 1999 before waiting to be served with an eviction notice, in Kentucky has the Sol run out?

2. Is this letter merely an attempt to scare me into paying or to rattle my cage in order to gain an advantage over me ( which is the direction that I currently lean in)?

3.If the Sol has yet to run out, the debt itself is for less than $750. Would a collections agency be inclined to agree to a payment arrangement concluding in less than 3 months with a down of more than one third of the balance?

4.I am aware of the difference between the amount of time items are removed from my credit report and a Satute of Limitations on Civil procedings. What would be the SoL on the kind of Issue covered in this post?

As previously noted any helpful comments or suggestions will be appreciated.

Thank you.

Edit:
I initiated a telephone call to the agency handling this collection attempt to gain some information and with out agreeing to any payment arangement or agreeing to any fault asked how far back this record went and the reply was "1999".

One last thing, while talking to an employee of this agency I was told a letter was sent to me in December of 2006.
I haven't recived any letters from this company until this week.

Last edited by oldbakrent; 03-30-2007 at 05:16 PM.
  #2  
Old 03-30-2007, 09:23 AM
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Have you lived in Kentucky the entire time since you moved prior to eviction?
  #3  
Old 03-30-2007, 09:25 AM
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Yes. I have lived in three different counties but I have lived in Kentucky my entire life.
  #4  
Old 03-30-2007, 05:21 PM
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Would the threads concerning tennants and rent be a more appropriate place for the question?
  #5  
Old 03-30-2007, 07:10 PM
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1. No.

2. No, it should be considered a valid warning.

3. Hard to say. You would have to ask the CA.

4. 15 years. It is likely a failure to complete the provisions of a written lease and this would be considered a written contract for the purposes of establishing an SOL.
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  #6  
Old 03-30-2007, 07:19 PM
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Quote:
Originally Posted by racer72 View Post
1. No.

2. No, it should be considered a valid warning.

3. Hard to say. You would have to ask the CA.

4. 15 years. It is likely a failure to complete the provisions of a written lease and this would be considered a written contract for the purposes of establishing an SOL.
First, thank you thats the most info anyone has provided so far.

Second, ( and I know what most people will say) Has some sort of siezure action probably been started against me already?
  #7  
Old 03-30-2007, 07:35 PM
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I took a look at the Kentucky Revised Statutes and I see where you were talking about, in KRS 413.110. Is this the correct statute to look under?

Or ist it the Recovery of Real Property (KRS 413.0-10).
  #8  
Old 03-30-2007, 10:36 PM
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Siezure of property cannot take place till there is a judgment. The letter is just the first step. It could take months till there is a judgment.
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  #9  
Old 03-30-2007, 10:56 PM
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Quote:
Originally Posted by racer72 View Post
Siezure of property cannot take place till there is a judgment. The letter is just the first step. It could take months till there is a judgment.
Again, thank you.
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