Expert: Creditwrench - 6/24/2008

Question
QUESTION: Basically, our former apartment management says that we did not give proper 30 days notice. My husband went to talk to them before the 30 days and they gave HIM a written notice that THEY filled out. He did not understand the part that said he had to sign it and give it back to them as our 30 day notice. It does not say in our lease that the notice needs to be signed- just a written notice. Our lease ended 30 March and we paid up until then. We actually didn't live in the apartment- we moved out in January to our new house. They said that we owe them April rent- even though the termination date on our lease was 30 March. I talked to a lawyer and we sent the management a letter saying their request for $1300 (April rent plus "damages" that we are disputing also) was invalid and not supported by the language in the lease. They did not reply and instead sent us to a collection agency who is now threatening to sue. What are our options?

ANSWER: Dumb ignorant lawyers again! The remedy is simple. First of all the landlord is subject to FDCPA when they demand money and so is the collection agency. So the remedy is to take them both to federal court for violations of FDCPA and since they probably put it on your credit reports you may have an FCRA violation or two as well.

Since you already have one sad experience with dumb lawyers so learn how to do it yourself without lawyers. This stuff isn't rocket science and it isn't hard to do.

Bill Bauer
405-684-9297
405-227-9423

RECOMMENDED READING:
www.creditwrench.com/howjudgmentswork.html
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www.creditwrench.com/Howtodefeatdebtcollectors
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http://consumers.creditwrench.com/sh...=7351#post7351
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We are going to start holding mock trials so that you can learn some court room procedures.

---------- FOLLOW-UP ----------

QUESTION: Thank you for replying. What is FDCPA and if I threaten to take them to federal court for this dispute is there a law that I can look up to let them know I mean business? And just to make sure- FCRA stands for Fair Credit Reporting Act right? I appreciate your help.

Answer
Don't even think of letting them know anything, much less that you "mean business". Let them learn that the hard way when they receive your summons to federal court to answer your complaint there.

Yes, FCRA stands for Fair Credit Reporting Act.