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turned over to collection

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A

akslim

Guest
I was given notice of loud music once verbally and then I was give written notice that I had ten days to move out. The lady in the rental office told me that I would not owe anything when I left. I checked and double checked with her on this point. Two months later I find out that a collection agency is sending someone that is not even on the lease a letter with my name on it saying I owe almost $1600.00 . I am in Arizona. They did not notify me within two weeks of my security deposit amount refund. Did They take away my protected due process right of notice and opportunity to be heard by telling me after the fact. They said they did not have a forwarding address on me, when the post office had no problem getting my other bills to me and they had my orginal address which is where I was. I also believe since the collection agency notified somesone else that I had a debt and was turned over for collection did they not violate my privacy act also?
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by akslim:
I was given notice of loud music once verbally and then I was give written notice that I had ten days to move out. The lady in the rental office told me that I would not owe anything when I left. I checked and double checked with her on this point. Two months later I find out that a collection agency is sending someone that is not even on the lease a letter with my name on it saying I owe almost $1600.00 . I am in Arizona. They did not notify me within two weeks of my security deposit amount refund. Did They take away my protected due process right of notice and opportunity to be heard by telling me after the fact. They said they did not have a forwarding address on me, when the post office had no problem getting my other bills to me and they had my orginal address which is where I was. I also believe since the collection agency notified somesone else that I had a debt and was turned over for collection did they not violate my privacy act also?<HR></BLOCKQUOTE>

What is the collection action for: unpaid rent, late fees, fines, repair on the property etc.? Did you pay a security deposit and did you get it back?
 
T

Tracey

Guest
You don't have a due process right against the landlord, only against the government. You have to give L your forwarding address or L is released from the 15 day time limit. You'll have to sue L for your deposit, arguing that they terminated the lease & owe you the deposit. Also, they can't terminate the lease AND keep charging you rent (at least not beyond 30 days).

The collection agency violated your rights under the Fair Debt Collection Practices Act, 15 USC 1692c. But it's probably not worth your time suing them over it. Talk to an attorney about getting back your deposit -- much will depend on your written lease & the kind of notice they gave you & how they reached the $1600 figure. My gut reaction is that they have included charges they can't claim.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!
 

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