Can former LL attempt to collect bogus debt after 21-days?

[CSX393]

California. Basically, former landlady trumped up some false charges and took the security deposit and wants more after I moved out. I attempted to get all written forms and receipts three weeks before move-out, but she refused.

She then sent the itemized list and charges AFTER the 21-days required in California to my address (as evidenced by the postage). She sent the debt to a collections agency and they have started trying to contact me. They say if I don't pay in 30 days, my credit will take a hit.

There's more information here as well, but that's the main gist of it.

 

[Zigner]

Sue the bad guy in small claims court.

 

[CSX393]

Sue the bad guy in small claims court.

You mean sue the debt collection agency if they do harm my credit?

 

[adjusterjack]

You mean sue the debt collection agency if they do harm my credit?

No.

If you think that her charges were bogus then you should have sued her in small claims court for your money back.

You didn't. But you still can.

Now she can pursue collecting on the debt that she believes you owe her and she has 4 years to file a lawsuit which is the Statute of Limitations for filing a lawsuit for breach of a written contract in California.

Until you go to court and prove that the charges are bogus, the collection agency won't be doing anything wrong by reporting the debt to your credit reports so you'll have no cause to sue the collection agency.

 

[Zigner]

Now she can pursue collecting on the debt that she believes you owe her and she has 4 years to file a lawsuit which is the Statute of Limitations for filing a lawsuit for breach of a written contract in California.

In the case of a rental, the LL cannot do that if s/he didn't provide the required accounting in a timely manner, HOWEVER, the LL can countersue if the OP files suit.

In other words, the LL can't file suit as a plaintiff for this amount.

 

[CSX393]

In the case of a rental, the LL cannot do that if s/he didn't provide the required accounting in a timely manner, HOWEVER, the LL can countersue if the OP files suit.

In other words, the LL can't file suit as a plaintiff for this amount.

See, this was my understanding of the whole thing. Do note that this isn't a rental in terms of like, apartments. It was renting a room in a private home.

But yeah, I thought that if she did not provide the required information within 21 days (mail or otherwise) in California, that I am entitled to the security deposit back, plus more. Still, even if I didn't attempt to get it, it sounds like when she sold off the "bogus debt" to the debt collection agency, they can still go after my credit and whatnot (which I can dispute anyway), but unless they or the LL tries to sue me, they can't really do much.

 

[Zigner]

See, this was my understanding of the whole thing. Do note that this isn't a rental in terms of like, apartments. It was renting a room in a private home.

But yeah, I thought that if she did not provide the required information within 21 days (mail or otherwise) in California, that I am entitled to the security deposit back, plus more.

Yes, you are entitled to it back...but the LL is also entitled to claim it (or countersue for it). The net result, if the LL can prove his case, then the net effect is that he gets to keep it. I don't know why you think you're entitled to more...

Still, even if I didn't attempt to get it, it sounds like when she sold off the "bogus debt" to the debt collection agency, they can still go after my credit and whatnot (which I can dispute anyway), but unless they or the LL tries to sue me, they can't really do much.

Well, except for thrashing your credit.

 

[CSX393]

Yes, you are entitled to it back...but the LL is also entitled to claim it (or countersue for it). The net result, if the LL can prove his case, then the net effect is that he gets to keep it. I don't know why you think you're entitled to more...

Well, except for thrashing your credit.

I don't think I am entitled to more, sorry I wrote it that way.

As for the risk of the credit thrashing, I do think that is an issue. I suppose I could dispute it with the credit bureaus with the evidence sent to them via mail if that were to happen, but at the end of the day, it either means me taking her to small claims court or not.

Zigner, I do appreciate all of the advice you've given, as well as everyone else. Now, if it isn't too much trouble, I have one more bit to ask.

Let us say that I do take her to court and win. Now, if I were to try and collect the judgement, my understanding is that disability payments/benefits cannot be touched. Also - if she has a rich dad, and say the house is in his name, that means that they cannot try and take equity from the home to pay for the judgement against her, yes? If all this is true, does that mean she could not pay anything even if she were to lose, since she has no job to speak of and only collects income via disability and "charity" from her father?

 

[Zigner]

I don't think I am entitled to more, sorry I wrote it that way.

As for the risk of the credit thrashing, I do think that is an issue. I suppose I could dispute it with the credit bureaus with the evidence sent to them via mail if that were to happen, but at the end of the day, it either means me taking her to small claims court or not.

Zigner, I do appreciate all of the advice you've given, as well as everyone else. Now, if it isn't too much trouble, I have one more bit to ask.

Let us say that I do take her to court and win. Now, if I were to try and collect the judgement, my understanding is that disability payments/benefits cannot be touched. Also - if she has a rich dad, and say the house is in his name, that means that they cannot try and take equity from the home to pay for the judgement against her, yes? If all this is true, does that mean she could not pay anything even if she were to lose, since she has no job to speak of and only collects income via disability and "charity" from her father?

Yes - a large number of small claims cases are uncollectible by the winner.

 

[CSX393]

Yes - a large number of small claims cases are uncollectible by the winner.

I figured. Once again, thank you for the help. Cheers.