Expert: Apex Credit Services, LLC - 10/9/2008

Question
Good morning!

I recently received a letter from a collection agency for approximately sixty dollars. It is a debt from an apartment complex I lived in over three years ago. I contacted the complex, who contacted corporate (as files don't remain in-house that long) and they verified it was a water bill from the dates I lived there, but a month or two behind in billing.

My general problem here is I was never contacted. According to the complex, a letter was sent to the address I lived in at their complex (which, obviously, I no longer resided). She also stated that they did not have any of the "checking-out" paperwork from the end of the lease that I vividly remember. I know for certian they had my forwarding address, permenant address, and phone number (phone number changed two years after I moved). I even checked in with them two-three months later to make sure we were squared away, and I was assured we were. The collections letter was addressed to my old roommate (with whom I no longer speak) and me, and sent to my permanent address.

I truly have no problem paying the debt - regardless of the ridiculous time lapse - it is a fair charge. However, how do I go about keeping it off of my credit? I do not believe it is justifiable to put a blip since I was never notified of the debt.

I live in Georgia, complex is in Georgia, collections company is in Maryland - collections has a very rude lady that wants to record, but not be recorded - I find it humorous actually...

Any help would be much appreciated.

Thank you in advance, Cade.

Answer
Cade:

  I would ask the debt collector if they have a subscription to the credit report agencies.  If not, let it be.  If they do and have yet to report it, then paying it is in your court.  You could pay it and never see it appear.  Conversely, you could pay it and then, see it report with the date of status as of the date you paid thereby, killing your scores.

  Personally, I would ask the debt collector for validation under the FDCPA and verification from the apartment complex under the FACTA amendements to the FCRA.  See what happens from there.

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