Eviction/Skip in GA?

[ccaldwell1003]

What is the name of your state (only U.S. law)? Georgia

I was evicted from my apartment in Jan since I lost my job in Oct. I was unable to pay Dec rent and did not pay Jan either as I knew I was being evicted when I went to court. When I left, the property mailed me a bill for about $3k, saying it was for Jan rent that wasn't paid and of course their random fees (lack of notice, breaking lease, etc). But when I went to court for the eviction hearing, their lawyer advised me all I owed was about $1300, and I specifically asked be any other fees or charges. Does the law treat evictions the same as skips? And what amount can they legally collect from me? The collection agency that is handling my account is very shady. I sent a verification letter to them in about June with a copy of the judgment. I called them about 2 weeks later and asked when I would hear anything. They said they were waiting to hear back from the apartments. I specifically stated that until I hear from them that this not be included on my credit, and the agent told me that it wasn't reporting yet so nothing to take off. Fast forward to this month, I pull my credit it is on there and shows as reporting since about June or July! I called them and they have some fast talking manager who tries to tell me that because I was only sued for the one month, that the other fees are from Jan rent as well as cleaning fees, etc. I moved out of the apartment on Jan 9 so no way that it could have increased that much. I am trying to settle this debt but the collection agency literally subtracted only $600- I am not trying to pay more than $1500 since my judgment is only for $1300!

I have a breakdown of fees as well:

Ledger Account at move-out
Attorney Or Legal Charges - Caldwell 300.00
BASE CHARGE 10/29/2008 - 11/28/2008 1.39
BASE CHARGE 11/29/2008 - 1/9/2009 1.39
BASE CHARGE 9/29/2008 - 10/28/2008 1.39
CAMDEN TV charges 51.61
Insufficient notice fee 749.00
Late Fees 149.19
Lease Termination Fee - Caldwell 749.00
Rent 960.37
SERVICE FEE 10/29/2008 - 11/28/2008 4.00
SERVICE FEE 11/29/2008 - 1/9/2009 4.00
SERVICE FEE 9/29/2008 - 10/28/2008 4.00
SEWER 10/29/2008 - 11/28/2008 10.53
SEWER 11/29/2008 - 1/9/2009 12.82
SEWER 9/29/2008 - 10/28/2008 9.85
TRASH 10/29/2008 - 11/28/2008 4.00
TRASH 11/29/2008 - 1/9/2009 5.60
TRASH 9/29/2008 - 10/28/2008 4.00
Valet Waste 38.71
WATER 10/29/2008 - 11/28/2008 6.44
WATER 11/29/2008 - 1/9/2009 7.84
WATER 9/29/2008 - 10/28/2008 6.02
Balance at move-out 3,081.15
* See the itemized charges for a complete listing of the work.

Deposit Activities
Total Deposits on hand 0.00

Additional charges/credits/payments after move-out
Total additional charges / credits / payments 0.00

Final Account balance
Balance at move-out 3,081.15
Total Deposits 0.00


Total additional charges / credits / payments 0.00
Total account balance due 3,081.15

Lease information - Unit 3210
Move-in 09/14/2008
Notice given 01/08/2009
Lease expires 09/14/2009
Move-out 01/09/2009
Move-out reason Skipped


My question is, can they charge me some of these fees like no notice? It was an officer of their company (attorney) who gave me 10 days from the court date to move, so I actually left a little early and they say my notice was only the day before I moved out.

 

[Gail in Georgia]

What was your monthly rent? You would owe for December and January since you did not vacate the rental until January 9th.

Gail

 

[ccaldwell1003]

My rent was $850. Do I owe a full month of Jan even though I was not there? I think on the bill they prorated it?

 

[Gail in Georgia]

Typically one would owe for an entire month even if they left after one week...or at least until 1/14/09 since your lease began on the 14th of a month.

Sounds like they received their judgement around January and yet you've not paid anything since receiving the judgement? Is that why this was turned over to a collection agency?

Gail

 

[ccaldwell1003]

Yes, when I left the apartments told me that unless I could pay something to them that day, I would be turned over to collections. I didn't have dime to my name so they turned it over. I am in a position to pay now, but I am not paying a dime to the collection agency when they are crooks.

When I called and talked to them, I asked if an attorney wanted to talk to them could they just call the same number I did, or was there a legal department. They guy said he could call them for me, I said no that was ok, but I am sure that she would want to speak with them. The guy then said ok well the settlement offer is good for 24 hours and I am gonna grab my other line and hung up on me. I am in the process of forwarding all my info to an attorney (I am good friends with the lawyer at a debt collection law office I worked at). If these are valid charges, then I am hoping to get some kind of settlement that is more reasonable. Honestly, if they want the rest of it, they will have to sue me, and I know they won't, they already had to take me to court once and it's unlikely that they will. I think I can pay the judgement directlty to the courthouse and cut out the middle man of the collection agency, which the apartments may like because they may save on the fee they pay them if they collect the debt for them. I have to check up on the agency a little bit more to be sure.

I had a friend who worked in property management who said to contact the property office and tell them that the collection agency won't accept my offer and they are likely to accept it because on their books anything is better than nothing because they do have to report their losses.