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Security Deposit versus Collections?

  
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Security Deposit versus Collections?

Postby winwood » Sun Nov 20, 2011 9:11 am

At the end of 2009, I co-signed a lease for someone for an apartment in the complex in which I reside. To move in, he paid a security deposit and the first month's rent. Problems began immediately after move-in, and long story short, I wound up covering the second month's rent. Shortly after that, he skipped out on the lease and moved to South America. Lesson learned.

Anyhow, the leasing office was great about it. They basically wrote it off, it seems, rather than sticking me with the remainder of the lease, a judgement, an eviction, a trip to Guantanamo Bay, and God only knows what else.

So after all was said and done, after I helped clean out the unit and find a home for the dog he'd abandoned there, I received a letter from management stating that after all the cleanup and repairs, and after his security deposit was applied, the office was still owed $300. The letter explained that unless I objected within fifteen days, that amount would be deducted from my security deposit. Given the damages and realizing my obligation as co-signer to pay for them, I did not object, and considered the matter handled, as the letter did not ask for any further actions on my part.

Lo and behold, a few weeks later, I get notification that an collection account has been placed on two of my consumer credit reports by Hunter Warfield, a third-party collection agency that apparently specializes in collecting on behalf of apartment complexes and funeral homes. Considering management had already claimed the relief they sought in the notice they gave me, I cannot see how placing the matter with a debt collector, thus damaging my credit, was a just course of action.

I absolutely do not dispute the claim against my deposit, and would be more than happy to pay it in any fashion they wish. I simply believe they had no cause, nor any right, to place this matter with a collection agency.
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Security Deposit versus Collections?

Postby berwin » Sun Nov 20, 2011 9:15 am

First of all, rent and security are two separate issues.
The leasing office had no authority to forgive your debt on the rest of the lease. Did you get that in writing? I didn't think so.
As for the rent, you owe for the rest of the lease period. If the apartment was re-rented before that period expired, you are only responsible for the time the unit was vacant.

Never, never, never, co-sign for anyone else unless your are prepared to pay the debt yourself.
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Security Deposit versus Collections?

Postby jolie95 » Sun Nov 20, 2011 9:21 am

If you have a copy that stated the balance owed was $300, send it to the collection agency and also to the landlord. Send ! certified, 1 regular and make a copy for your files.If the certified comes back unsigned, do not open it because that's the only proof you have the letter was sent. You can also dispute it to the 2 credit bureaus by sending them a copy as well about the $300 settlement
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Security Deposit versus Collections?

Postby hjortur » Sun Nov 20, 2011 9:31 am

I assume you have called the landlord? They are your best bet to get this fixed, as they can probably call the dogs off with a single phone call...

Have you already paid the $300 additional monies owed to them? if you have, then it will be difficult to do anything about it I think. Two things you can do is (1) dispute it on your credit reports as invalid/never late and (2) request the collection agency conduct a complete verification of the entry (sometimes they don't like to do this and will remove it rather than conduct this).

If you have not paid (hopefully you haven't, at least then you have something they want...the $300!)...then send them a "pay for delete" letter offering to pay the $300 in full, in exchange for removal of the account from your credit report. See the "source" below for samples of pay for delete letters.
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Security Deposit versus Collections?

Postby jabin20 » Sun Nov 20, 2011 9:35 am

It really doesn't matter what you *feel* or *believe* at the end of the day. When you were given this particular offer to settle for the $300 or whatever it was, you should have gotten it in writing.

Contact this collection agency since you said you were willing to pay it, and maybe work a deal where they will give you a pay for delete on this item so it will not mar your credit. Make sure you get any agreement in WRITING first though. Then only send them a money order for the balance. Do not give access to your bank account or credit/debit card.
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