Expert: Creditwrench - 5/21/2009

Question
QUESTION: i owed a apartment complex $699.00 due to me moving out early. i did this because my dad got cancer and became very ill. i had to move closer to my parents although i explaned this to the complex they still charged me. well i finally saved enough to pay the debt off in full and i mailed my check with the account number to the apt. complex. they wrote void on my check and sent it back to me along with the address of the collection agency and a note stating i must pay the collection agency. i don't owe the collection agency, the complex had no right writing on my check. since i attempted to pay off my debt and they refussed it am i still responible for this bill?

ANSWER: I'm afraid you have some very wrong ideas. Once you sent them the check it became their check to do with as they pleased. The contract you signed with the apartment complex probably had a clause in it that said you agreed that in the event of any kind of default they could turn it over to another party for collection. Yes, you do owe the collection agency and they will come after you for the money. So now do you still want to pay the money? It won't be the $700 anymore because the collection agency will add more to it. Probably lots more.
If you don't pay what they want they will file a lawsuit against you sooner or later. So if you still want to pay then you need to do so quickly and if you don't want t pay then you need to start learning how to fight back and win.

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QUESTION: DO I HAVE A LEGAL CHOICE NOT TO PAY THEM?

Answer
Yes, but they have a legal remedy if you choose not to pay them.  Their remedy is to file a lawsuit against you. So, as is so often said, for every action there is always an equal and opposite reaction.
Lawsuits are no different. If they violate your rights in the process of trying to collect you have the right to sue them for those violations. Just as they need to have proof of their claims so do you. They sue you in local court and you play oneupmanship by filing in federal court. They don't want to go to federal court any more than you want to go to local court. Who wins?  You do. They have to hire lawyers to sue you and to defend in federal court. You don't. You can win not only because you have the proof of their violations but because of the huge costs they have to bear if they want to fight with you. Cheaper for them to agree to go away and leave you alone.