Expert: Creditwrench - 7/8/2008

Question
My husband never paid our last month's rent in March 2006 (GA) due to loss of job (we notified the apartment complex).  We were able to pay in April, but were told to pay the balance to a collection agency.  The balance they presented was grossly larger than the amount owed based on our lease.  According to our lease, our rent was $652.50 with a special and $745 market rent.  Late fees were $35 after the 3rd of the month plus $15 for each day.  The amount owed should be $1,200.  However, they were claiming an additional $1000+ for failure to provide intent to vacate, which we have a signed copy of and $1000+ for concession charge-backs which is not a late fee outlined in the lease.  What can I do to resolve this?  We are more than willing to pay the $1,200 we owe, but do not want to pay for trumped up charges.

Answer
You need to learn about your rights under the law and how to defend them. Once a third party debt collector becomes involved such things as you relate can be actionable in a lawsuit against both the landlord and the debt collector.

For one thing, from what you say they are attempting to collect amounts of money not called for in the contract or lease agreement. That is most definitely a cause of action against them in federal court. If you try to take it to a local court you will most likely get shot down quickly as most local judges are not likely to rule in your favor.

Once your rights have been violated in such an ugly manner you should quit thinking about what you owe and start thinking about what they owe you for having violated your rights under the law.

Our rights and freedoms are among the most valuable things we have as Americans and they should be guarded vigorously. Anyone who violates them should be prosecuted to the fullest extent of the law as a lesson to those who might violate in the future.

You need to start learning now instead of trying to pay up because they are not going to listen to your arguments about what you feel is right or reasonable. They will end up filing a lawsuit on you and you will most likely lose in local court.

Do it to them before they do it to you.

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

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http://www.shrinkmylink.com/bnlqson List of community property states

LISTEN TO THESE CREDITWRENCH STUDENTS CHAT ON OUR FRIDAY NIGHT CONFERENCE CALLS.

http://www.creditwrench.tv/MIKEJM-06-27-08.mp3
http://shrinkmylink.com/xsjqson

Statute of Limitations for all states
http://shrinkmylink.com/zlwpson

How to set up your hard drive for creditwrench files. Makes them easy to find.
http://tinyurl.com/3lqxaw
The Creditwrench conference calls will start this coming Friday evening at 7 P.M. Central time. It is free and open to the public. There is no cost or obligation other than what it may cost you for the phone call itself. You can join in and ask questions or just listen or whatever you want to do.

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You might also want to visit our message forum at http://consumers.creditwrench.com to get answers to questions you need answered before next Friday night.

If you live within driving distance of Oklahoma City you can also come to our monthly meeting of the Oklahoma City Chapter of Jurisdictionary meetings. They are held on the 2nd Thursday of each month at Coit's Root Beer Stand which is located on the corner of SW 24th & Western Ave in Oklahoma City. The meetings start promptly at 7:00 P.M. and last for 2 hours. Attendees usually arrive about half an hour early so they can enjoy a good meal at Coit's Root Beer Stand. The meetings are free and open to the public and we can discuss your problems as well if you like.

We are going to start holding mock trials so that you can learn some court room procedures.