Collection company refuses to stop calling

[moburkes]

MY google cite found something on the state of PA's website. It didn't occur to me that it would be incorrect.

Oh, and the other website was one for a local small claims court for a city in PA.

I can't speak about the others searches.

 

[kayak99]

MY google cite found something on the state of PA's website. It didn't occur to me that it would be incorrect.

Oh, and the other website was one for a local small claims court for a city in PA.

I can't speak about the others searches.

Feel free to copy and paste.

In case you need help, its control-C, then control-V.

Enjoy.

 

[moburkes]

Hmm, use google. I was TRYING to assist you when I responded to this thread, but you seem to need to insult the people who *were* trying to assist you. I don't have a bill in collections. I don't need the answer to the question. And, I'm also not lying when I say that I was looking at the state's website. I did, exaggerate when I said 7 seconds. It may have been 30, but, in any case, it didn't take long.

You don't want your money back, and you can't wait for the lawsuit. I don't know what more I can add that would be helpful, especially since you don't want the help.

Good night.

 

[kayak99]

Hmm, use google. I was TRYING to assist you when I responded to this thread, but you seem to need to insult the people who *were* trying to assist you. I don't have a bill in collections. I don't need the answer to the question. And, I'm also not lying when I say that I was looking at the state's website. I did, exaggerate when I said 7 seconds. It may have been 30, but, in any case, it didn't take long.

You don't want your money back, and you can't wait for the lawsuit. I don't know what more I can add that would be helpful, especially since you don't want the help.

Good night.

Now that is very funny.

Yep, I did ask for help. Then I was challenged by you, the sleazy debt collector among other yeahoo's as if, 1, we caused damage, and 2, we were somehow guilty because we did not spend twice (or more) as much money trying to recoup a deposit than the amount OF the deposit.

(P.S. Next time you buy a car, please pay the salesman an additional 50% for all his time and effort. Get the drift?)

Did you forget this:?

How is a debt collector not professional? All they did was buy a debt? They didn't rent the apartment, nor drop the ball.

Or, is it simply that you all dropped the ball, so now they're the bad guys. I get it.

I didn't drop anything, except waste some time reading hits from some not so informative would be attorneys.

You challenged my comments about recouping legal fees in PA. Cite, copy and paste. I'd love to read them.

 

[JustAPal00]

Here, this is from the Pennsylvania landlord tenant handbook!


B. WHAT ABOUT THE SECURITY DEPOSIT?
To get the security deposit returned, the tenant must give the landlord, or his/her agent, a forwarding address in writing at or before the time the tenant actually moves out. The landlord must then, within thirty (30) days from the date the tenant moves out, 1) return the security deposit or 2) send the tenant a list of damages the tenant caused in the apartment, the cost of the repairs, plus any extra money left over from the security deposit. If the landlord does not return the security deposit or does not provide the written list of damages within thirty (30) days, the tenant can sue the landlord for double the security deposit by going to a District Justice's office and filing a complaint against the landlord.
The law (68 P.S. section 250.512) states that any landlord who fails to provide a written list within thirty (30) days shall give up all rights to keep any part or the money held as a security deposit. The tenant can choose one of two remedies. First, the tenant can sue to recover the amount of the security deposit. The landlord cannot raise any defense or counterclaim for damages to the property. For example, the tenant can sue for the return of a $100.00 security deposit. The landlord cannot counterclaim for the cost of any damages left by the tenant.

The second remedy the tenant has is to sue for double the amount of the security deposit If the tenant chooses this remedy, the landlord may counterclaim for damages to the property, up to the amount of the security deposit.

For example. the security deposit is $100.00. The tenant sues for $100.00 times two which equals $200.00 The landlord proves that the tenant left a broken window that cost $40.00 to repair. The tenant may recover $100 00 times two, which equals $200.00 minus $40.00, for a total of $160.00

If the tenant needs to go to court to get back the security deposit, the tenant should go to the District Justice of the Peace and swear out a complaint. A hearing date will be set and at the hearing the tenant should be prepared to prove that the rent was paid (by showing receipts) and that the keys and the written forwarding address were given to the landlord when the tenant moved out.

 

[chellecha]

isn't there some sort of penalty involved if the landlord does not return the security deposit to the tenant with the specified timeframe? I beleive it is something like double the deposit but i'm not completely sure. therefore if there truly was no damage to the apt and you had proof you would have been able to recover the deposit. also couldn't this have been done thru small claims to minimize cost?

i am going to guess that probably the rental was not left in the best condition and you figured that it would be easier to forfeit the deposit than to fight it. i've also seen the itemized bills that are sent to college renters in an attempt to keep the security deposit and the costs are always inflated so you probably figured they already got the money and would not go after you.

i think a simple cease and desist letter will work. i doubt the amount to money your talking about is worth it for them to pursue it further. good luck.

 

[kayak99]

JustAPal00,

The landlord did provide that listwithin the alloted time therefore those penalties would not apply. It was incorrect and inflated. (Actually they probably send it to the parents of all their students as they all seem to have lost their deposits.)

As I keep saying, the cost of fighting (a claim and his counterclaim) would have exceeded the deposit.

i am going to guess that probably the rental was not left in the best condition and you figured that it would be easier to forfeit the deposit than to fight it. i've also seen the itemized bills that are sent to college renters in an attempt to keep the security deposit and the costs are always inflated so you probably figured they already got the money and would not go after you.

i think a simple cease and desist letter will work. i doubt the amount to money your talking about is worth it for them to pursue it further. good luck.

The apartment was in good condition, much better than we found it. Your assessment of the inflated damages is quite correct.

 

[chellecha]

ok, i see that someone cited the sources about the penalty for not returning the security deposit.

make sure you check your credit report too to make sure the collection is not on there.

 

[moburkes]

Where did I challenge you?

You simply write a letter requesting that they stop communicating with you about this debt.

FYI: The next communication is likely to be from the court system with a court date on it.

Did your wife and son follow the proper procedure to dispute the bill?

That was a true statement. And, a bit of a warning.

Did you sue them in court for your money back?

That was a question about getting your money back if it was owed to you.

How is a debt collector not professional? All they did was buy a debt? They didn't rent the apartment, nor drop the ball.

Or, is it simply that you all dropped the ball, so now they're the bad guys. I get it.

That was in response to your smart ass, uncalled-for comment.

You mean I can buy a phony debt in your name, harrass you and be the good guy?

Please read the posts completely then go back to dog grooming rather than pretending to offer legal advise.

And the debt collector is supposed to assume that a debt is phony, how? If the debt IS phony, then the debt collector was ALSO duped. And, I'm not a dog groomer, by the way. That information was put there specifically for the smartasses. I'm allergic to all animals with fur or hair. But, again, why the smart ass comments?

You wouldn't, generally. The costs of the lawsuit can be recovered.

That was, and is, a true statement.

I'd LOVE for you to post that cite.
Edit: In a 7 second google search, I found information that contradicts your claim. So, now I'm REALLY eager to see that cite.

Again, true (except the 7 seconds part).

MY google cite found something on the state of PA's website. It didn't occur to me that it would be incorrect.

Oh, and the other website was one for a local small claims court for a city in PA.

I can't speak about the others searches.

Again, true.

So, where was the challenge?

 

[moburkes]

ok, i see that someone cited the sources about the penalty for not returning the security deposit.

make sure you check your credit report too to make sure the collection is not on there.

He said that he doesn't care if its on his credit report.

 

[chellecha]

yes i remember reading that because he thought that on little item would not hurt the score . however, that's absolutely not true. a stupid collection like this probably would make the score drop significantly.

 

[JustAPal00]

JustAPal00,

The landlord did provide that listwithin the alloted time therefore those penalties would not apply. It was incorrect and inflated. (Actually they probably send it to the parents of all their students as they all seem to have lost their deposits.)

As I keep saying, the cost of fighting (a claim and his counterclaim) would have exceeded the deposit.

AND AS I KEEP SAYING, IT COSTS $70 TO FILE AT THE MAGISTRATES!!!!! WHICH YOU GET BACK IF YOU WIN!!!!!

The apartment was in good condition, much better than we found it. Your assessment of the inflated damages is quite correct.

If you can't prove that, you will lose this and have to pay the court costs as well!

 

[JustAPal00]

yes i remember reading that because he thought that on little item would not hurt the score . however, that's absolutely not true. a stupid collection like this probably would make the score drop significantly.

Not to mention if the CA gets a judgement, it may need to be satisfied inorder for the OP to refinance his home!