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About Jack Hall
Expertise
Will answer questions about consumer or small business bankruptcy, foreclosure, evictions, wage garnishment, bank account seizures by creditors, creditor harassment, repossession and/or surrender of vehicles and other personal property, and civil lawsuits seeking to collect credit card and other debts. Can also answer questions relating to debt management and the effect of bankruptcy on one’s credit history. Can discuss the various options an individual or business may have relating to pressing financial difficulties. In addition to sending me an email, You can also call me at this number if you want to discuss any question on the telephone: 915 261-3893
Experience
Over thirty years of experience assisting clients in all aspects of debtor/creditor relationships. This experience has primarily involved assisting individuals and small businesses that are having financial difficulties, and have also had some experience assisting creditors attempting to recover financial losses.
Education/Credentials
Law degree (Juris Doctorate, J.D.); Bachelor of Arts and Masters degrees in political science/government
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You are here: Experts > Business > Corporate Law > Collections Law > Aparment
Expert: Jack Hall - 11/13/2009
Question
This was back in 2006 when i move in to a townhouse. When i moved in the walk through was done. There was a lot of things that needed repair or were fair. The biggest thing to me was the bathroom floor. It was coming up on the corners. It the walk through they checked the box needs repair under bathroom tile and tub section and in the comment says tub need clucking. I sighed off on it because i thought the need repair box was clearly stated the bathroom tile and tub need repair.
Anyway, when i moved out not only were they a hour late to my walk the guy had no paper work or anything. The only damages i did was the front door because my dog got out of his cage and tried to get out. He told me the 400.00 pet deposit will cover that and everything besides that looks fine. I have them my new address and phone number and never heard from them again.
I then got a credit report couple months ago with collections balance on it when i contacted them it was the apartment.
I sent e-mail after e-mail about why i owed 700.00 to them and it took me bugging them to get any information from them. Then i finally got some and sure enough they are charging me for that bathroom floor. After i told them i didn't do that damage they said it in the move in it only says the tub need clacking. I said it the box that says needs repair is marked.
My question is do i really have to pay this if i didn't do that damages and they never contacted me about any balance i had they just sent me to collections and i had to contact them three years later to even get someone to give me information.
Answer
Normally, the way to handle something like this would be to bring a lawsuit against them (perhaps in small claims court) to recover the deposit that they did not return to you. However, the problem that comes first to mind here is that so much time has passed that you may have problems with the statute of limitations in the state that where this occurred. On the other hand, perhaps you could argue that because of their actions you were precluded from even knowing what they had done to you until most recently when you were finally able to find out that they had made these unauthorized charges. I think if I were in your shoes I would give it a shot, that is, go ahead and file a small claims action and tell the judge exactly what you described in this question. You have a real chance here not only of clearing up this bill, but also getting some of your money back plus interest.
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