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QUESTION: I broke a Lease in AZ back in 2003 because I moved out of the State, back to NY. A collections company is now trying to come after me for a the remainder of the rent and then some. They told me that they have a judgement and are threatening to garnish my wages. I told them that I do not live in AZ, nor have I since 2003. What am I liable for. Can't I break a lease if I am leaving the state?
ANSWER: You can't break a lease because you are leaving the state. If you lease an apartment today for a year or whatever and find that you have to leave the state tomorrow you will have to pay the years lease plus any other charges they want to tack on. If you don't you will end up with a lawsuit and a garnishment just as you have done. Now then what to do about it?
The answer is simple. Catch the debt collector breaking the law and sue him in federal court and make him pay the debt and you for your damages and costs in the process.
Its the only way to win.
---------- FOLLOW-UP ----------
QUESTION: what law has he or she broken?
There are a great many that they might have broken. You have to become familiar with FDCPA and FCRA to determine what law(s) they may have broken. A great way to do that is to keep up with my web page at http://www.creditwrench.com and my message board at http://consumers.creditwrench.com and another web page at http://www.creditwrench.tv and you will learn the various things that debt collectors do that violates the law pretty quickly.
For instance, did they identify themselves as debt collectors? If this was their first contact with you they must provide you with the full miranda notices or do so within 5 days.
Did they provide you with any false and misleading information? Of course, you have to prove that what they said was false and misleading or somehow led you to believe something that turned out to be false later.
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Answers by Expert:
Creditwrench
Expertise
Debt Collections law, Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), federal law, how to properly answer court summons for collection cases, how to prepare federal cases against debt collectors, how to deal with debt collection phone calls.
Experience
I've been an active consumer advocate for more than 40 years and have helped hundreds of people win cases against debt collectors as well as helping them defeat demands for summary judgment lodged against them by banks, debt collectors and defeat mortgage foreclosures and keep their homes.
Education/Credentials
Paralegal courses for the most part.
I have been teaching people how to deal with judgments, mortgage foreclosures and other such problems both on and off the internet for many, many years. I am a Richard Cornforth information provider ever since 2000 and worked with many other organizations and causes since 1980. I was Oklahoma State Chairman for the nationwide drive to defeat the Constitutional Convention which was proposed by various factions within our federal government such as the Council of State Governments and the National Organization of State Governors who were working hard to organize a Constitutional Convention to be held in 1995 for the purpose of rewriting our American Constitution to be more acceptable to the United Nations. I worked with Senator Charles Duke of Colorado and Senator Don Rogers of California and many others across the nation to keep them from getting the number of delegate states required to lawfully hold a Con-Con and we were successful. I have worked with many other legislative issues in Oklahoma and have always been very successful.
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