Debt parking on unknown account

[liamthomas0048]

Jacksonville, Florida

This morning I woke up to find that my credit had taken a 29 point hit. The cause was a collection agency from Tampa, Florida, claiming an account owed in the amount of $333. The original acount was cited to have belonged to my previous Apartment Association, where I leased from December 2016 to December 2017.

I left this apartment complex at the end of lease, I fulfilled all the terms, and I was in good standing. The administration gave a glowing recommendation to my current landlord.

I provided the administration with a phone number, email address, and forwarding address, for returning my security deposit or collecting on any damages. I have never been contacted by the apartment administration. I have seen no bill, heard no notice. The collection agency itself has not called, nor sent anything by mail.

They went directly for my credit.

What are my options? Until I have a bill detailing the amounts owed, and the mark removed from my credit, I have no intention of paying off the amount... if it is even valid.

 

[Zigner]

I'm surprised that your first reaction wasn't to call the apartment administration. Please contact them and then come back if you have further questions. If the collection account is wrong, it's not unreasonable to ask that they contact their collector to have this corrected and removed from your credit.

 

[adjusterjack]

What are my options?

I agree with Zigner. Your tenancy there is recent enough so that the leasing office should still have all your information.

Frankly, I suggest a personal visit to the leasing office (if convenient) during business hours and take all your documentation and a copy of your credit report with you.

If there is, in fact, nothing owed, the management should be able to resolve the issue.

 

[liamthomas0048]

Update: I have since contacted The apartment administration and had them email records.

They indicate there was a $320 “balance remaining” at the time the unit was vacated. However, this was not the case when I signed the paperwork and returned the keys. I also received no bill, phone call, or other indication that any amount was owed. The office administrator I spoke to claims they send out letters and provide former tenants 15 days to settle the account, before it gets picked up by collections. I am still waiting to hear back from the admin about the specifics regarding this cost.

There was also a $200 security deposit, which they used to cover that expense. Bringing the bill to $120.

Then they found $210 worth of damage and cleaning. Which is how they arrived at $330. I have reviewed the damages and believe them to be a fair assessment.

I should also mention that I shared this place with a roommate, who was also on the lease. He had a cat and a dog which are responsible for the majority of the damages. I can only assume this is irrelevant to the situation at hand and will probably need to be handled privately or in small claims court?

Since the collection agency is coming after me for the full amount, I can only assume they are also going after my former roommate.
My concern at this point is getting the $320 charge dropped if it is wrong. Otherwise, I would be willing to negotiate with the collector for half the amount, which I see as my responsibility, regardless of fault. Provided they are willing to drop the derogatory mark from my credit.
I have never dealt with collectors before (as I have a history of paying on time and in good faith), is this something they are generally willing to negotiate?
Also, is there any kind of challenge I can file since I have not received any formal notification or bill from the administration or the collection agency?

 

[Zigner]

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0083/Sections/0083.49.html

The LL was supposed to act in a very specific way if they wanted to claim against your deposit. It would appear that they did not, which entitles you to sue for recovery. The statue allows for both court costs and attorney's fees to the winner, so you may wish to contact a few landlord/tenant attorneys about this matter.

If you are found to be liable for this in court, you will be liable for ALL of it, not just half. If you win in court, the derogatory mark should be removed.

 

[HRZ]

As a retired LL, I agree with Zigner , if LL bungled steps,..go after LL with keen attention to attorney fee issues ..

 

[liamthomas0048]

I visted the office today and discovered that the initial $320 was admin, sewage, pest, trash, and water fees. It appears valid.

I also discovered that the office administration made an error. They put the wrong forwarding address in my computer file. So, no bills, claims, or statements were sent to me. They would have been sent to my former roommate’s forwarding address (which may or may not be valid). He, of course, did not pay and did not inform me.

They also deny any responsibility for the error and insist I pay the full amount to the collection agency.

Is this information I can use in my negotiation with the collection agency?

Or would it be more prudent to pay the full amount and take my former roommate to small claims court?

If at all possible, I would prefer to avoid hiring an attorney and going to court. Especially over so little money. My primary concern is the damage to my credit. I also don’t want to pay the full amount for something that I am only partially obligated for.

I also don’t want to sue for recovery just to have to pay for damages anyway. My portion of the deposit is only $100.

 

[Zigner]

Before we go any further, did you and your former roommate move out at the same time?
How did they get your former roommate'ss mailing address?

 

[liamthomas0048]

We moved out at the same time, at the end of leasing date. Which would be Dec 10, 2017.

As part of the process to terminate the lease/move out, we each provided the leasing company with phone numbers, email address, and forwarding addresses. I believe this information was all kept on the same document.

 

[Zigner]

We moved out at the same time, at the end of leasing date. Which would be Dec 10, 2017.

As part of the process to terminate the lease/move out, we each provided the leasing company with phone numbers, email address, and forwarding addresses. I believe this information was all kept on the same document.

Did the apartment management receive a single payment for the full security deposit that you and your roommate pooled together?

 

[liamthomas0048]

Did the apartment management receive a single payment for the full security deposit that you and your roommate pooled together?

We gave the leasing office two seperate money orders.

 

[Zigner]

Did you have a single lease or separate leases?

 

[liamthomas0048]

Did you have a single lease or separate leases?

Single lease.

 

[Zigner]

Then they likely complied with the statute. They are not required to keep track of the separate deposits. You may want to ask the apartment management if they would recall this from the collection agency (including removing it from your report) if you pay the amount due in full in a prompt manner.

 

[liamthomas0048]

That sounds reasonable.

Is it illegal in the state of Florida for collection companies to mark your credit without calling or sending notification by mail?

Because the collection agency has made no attempt to contact me.