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collection help!!!!

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kristenharris2

Junior Member
What is the name of your state? utah

In 2004 I rented apt on a 9 month lease agreement. The carpet was in horrible condition so I replaced it and added 30 a month on top of rent. 2 weeks after moving in upstairs units water heater bursts ruining everything in my kids room, my room and hallway. I was told I would receive compensation for this but never did. Infact the carpet was never cleaned by maintenance and the (6ftx8ft) holes in teh ceiling in my room and my kids room was not properly fixed even when I moved out. The topper is that becaseu I was in basement unit and carpet never cleaned properly mold started growing on the baseboards and black spots appeared on the carpet through out my room, halway and kids room. I fulfilled my lease, cleaned unit, returned keys, gave 3o day written notice and paid last months rent. I gave them my forwarding address on my move out checklist and 30 day notice and was never contacted over any issues. over 1 yr and a half later Knight adjustment Bureau a collection agency in utah is trying to collect over 1250 dollars! the claim is for replacement of carpet, cleaning fee, 150 owed to last month rent, and key replacement!!@!#!@$!@$ I have spoken with collector, sent her letters regarding this and requested that I get a fair investigation of this this has all been ignored. I finally obtained an attorney because I was served paperwork in 02/07 to respond to complaint made by the attorney for Knight Adjustment Bureau. My attorney suggested even though this is not valid and I am not responsible for their claims try to settle. In the long run it would save me thousand in attorney and court fees to settle and get a letter of deletion to remove from credit.That got us no where just an extension on our reponse to the complaint. On the 3rd of April we got another 20 day extension due to the collector refusing settlement and then 1 week later my attorney transfered to a new lawfirm in Idaho. I was given a referral list by his secretary of attorney to check out in this matter but did nothave enough time left on my extension to risk not responding and a default judgment being eneter against me. I have had to respond to complaint myself. I made the extension deadline and I am currently researching attorneys in this matter. My credit has been severely impacted because Knight bought a bad debt from an old landlord and did not do their research. I have pictures, statements, receipts, certified bank documents etc... proving this is not valid and they will not take this collection off my credit. What are the odds of this being dropped and collection having to be removed? Why after the collectors attorney seein all the evidence I have regarding tis is a bogus claim by the apt complex will they not wash their hands of this and go after the apt. complex who sold them bad debt- they own the debt??? Doesn't this happen alot? How can some attorney just crank out these court documents like this? What can I do?
 
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TigerD

Senior Member
kristenharris2 said:
In 2004 I rented apt on a 9 month lease agreement. The carpet was in horrible condition so I replaced it and added 30 month on top of rent.
I hope you got written permission to replace the carpet.

kristenharris2 said:
2 weeks after moving in upstairs units water heater bursts ruining everything in my kids room, my room and hallway. I was told I would receive compensation for this but never did.
That is unfortunate. But most landlords make it clear that they are not responsible for their tenant's property. My tenants know that my insurance doesn't cover their stuff.

kristenharris2 said:
In fact the carpet was never cleaned by maintenance and the (6ftx8ft) holes in the ceiling in my room and my kids room wese not properly fixed even when I moved out.
Please tell me you have pictures and written repair requests.

kristenharris2 said:
I was in basement unit and carpet never cleaned properly mold started growing on the base boards and black spots appeared on the carpet through out my room, hallway and kids room. I fulfilled my lease, cleaned unit, returned keys, gave 30 day written notice and paid last months rent.
Okay.

kristenharris2 said:
I gave them my forwarding address on my move out checklist and 30 day notice-never contacted. Over 1 yr and a half later Knight Adjustment is trying to collect over 1250 dollars! The claim is for replacement of carpet, cleaning fee, 150 owed to last month rent, and key replacement!
I can understand you being for the carpet -- if you didn't have written permission to replace it. Cleaning fee -- well that is standard, not right, but standard. The rent and key is questionable.

kristenharris2 said:
Spoke with collector, sent her letters regarding this and requested that I get a fair investigation of this, this has all been ignored.
The collector isn't going to investigate anything for you. They work for the landlord.

kristenharris2 said:
I obtained an attorney because I was served paperwork in 02/07 to respond to complaint made by the attorney for Knight. My attorney suggested even though he feels I am not responsible for their claims try to settle. In the long run it would save me thousands in attorney and court fees to settle and get a letter of deletion to remove from credit.
Your attorney is probably right about settling being cheaper than fighting.

kristenharris2 said:
On the 3rd of April we got another 20 day extension due to the collector refusing settlement and then 1 week later my attorney transfered to a new law firm in Idaho. I was given a referral list of attorney's to check out in this matter but did not have enough time left on my extension to risk not responding and a default judgment being entered against me. I am currently researching attorneys in this matter. What can I do???????? thx for your time-
I would make sure you talk to those attorney about your prior attorney's liability for abandoning you.

kristenharris2 said:
My credit has been severely impacted because Knight bought a bad debt from an old landlord and did not do their research.
Sure they did. The landlord gave them a copy of the lease and a statement. That is all they need.

kristenharris2 said:
I have pictures, statements, receipts, certified bank documents etc... proving this is not valid and they will not take this collection off my credit. What are the odds of this being dropped and collection having to be removed?
Slim to none. You will have to bring your evidence to court.

kristenharris2 said:
Why after the collectors attorney seein all the evidence I have regarding tis is a bogus claim by the apt complex will they not wash their hands of this and go after the apt. complex who sold them bad debt- they own the debt???
What did they say when you asked that?

kristenharris2 said:
Doesn't this happen alot? How can some attorney just crank out these court documents like this?
Because he went to law school and bought a CD with forms on it. They believe they have a case against you. And from what I read, they do -- although not necessarily as big as they are asking for.

DC
 
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TigerD

Senior Member
In your PM you claimed you had written proof of permission to replace the carpet.

get another attorney and take it to court.
 

kristenharris2

Junior Member
QUOTE=debtcollector`;1619028]I hope you got written permission to replace the carpet.

Yes- it was their suggestion- that or I break lease and get sent to collections- their carpet guy is the one who installed it- and they charged me in addition 3o more in rent per month-

That is unfortunate. But most landlords make it clear that they are not responsible for their tenant's property. My tenants know that my insurance doesn't cover their stuff.

I know... I never have gone after them- I figured as much when he couldn't even fix the problems in the apt that I would never get anything out of him- and it makes sense- I should of had renters insurance-


Please tell me you have pictures and written repair requests.

Yes and yes- I also have statement from other neighbors-


Okay.


I can understand you being for the carpet -- if you didn't have written permission to replace it. Cleaning fee -- well that is standard, not right, but standard. The rent and key is questionable.

I have copies of cancelled checks/bank statements and why would I keep the keys to this place! lol! My deposit was kept so this would cover the cleaning fee- but the apt was cleaned by me and 2 friends and I am clean freak- c'mon, that apt was in better shape when I left


The collector isn't going to investigate anything for you. They work for the landlord.

I know they don't but they should.... they bought a bad debt. I will pay whatever money it takes to keep a judgement off my credit- can I sue landlord outside of small claims court on other grounds maybe?


Your attorney is probably right about settling being cheaper than fighting.

tried they wouldn't



I would make sure you talk to those attorney about your prior attorney's liability for abandoning you.

good point


Sure they did. The landlord gave them a copy of the lease and a statement. That is all they need.

that sucks-


Slim to none. You will have to bring your evidence to court.

already prepared to do so


What did they say when you asked that?

nothing- per my old attorney- they offered the settlement and extension on complaint- when their collector didn't agree with terms they gave another extension that I had to reply too- that is where I am at now- I have replied and seeking new attorney-


Because he went to law school and bought a CD with forms on it. They believe they have a case against you. And from what I read, they do -- although not necessarily as big as they are asking for.

I don't entirely agree with any case against me- I did nothing wrong- I paid on time, dealt with a crapy landlord that knows he can get away with this because he has more laws protecting him, moved out and yrs later after I have finished school, have a great career and my life is back on track after the divorce that put me in the apt in the first place my credit is slammed with this bs- it isn't fair- this is the reason why I am fighting this- is isn't right and why should I give in to something that is going to stay on my credit for 7+yrs even if I can bounce back- Iwill have a judgment and everytime an associate has to look at my credit or I apply for anything this will have to be explained. In my profession (realestate/mortgages) I cannot afford to have this reporting paid or not-
I appreciate everything- you were very helpful-


DC[/QUOTE]
 

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