Expert: Charles W. Field - 10/7/2004

Question
Approximately 1 year ago I signed a contract to act as guarantor on an apartment lease for my son.  To this agreement I stipulated that I must be informed within 15 days of any late payment.  I received notice 2 months later (via a credit collection agency) that I must pay 1200.00 in 30 days since my son broke the lease.  300.00 of this is the collection agents fee.  I have no issue paying the 900.00 for actual damages to the apartment agents.  As I was never notified within the specified 15 days am I actually liable for the additional 300.00 for the collection agency?  This apartment property is in Athens, GA.  Thank you for your help.

Answer
No, you don't have to pay the $300.00. As a matter of fact, since you didn't get the 15 day notice (it's called a "condition precedent", triggering your liability) you could very well contest paying anything. However, since you are willing to pay the $900.00, I would send that amount along with a certified letter to the apartment leasing agent, enclosing a copy of your guarantee, high-lighting the 15 day provision and politely ask them to call off the dogs. If they don't, the next letter should threaten legal action for attempting to collect a bogus debt.