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    Andy250974's Avatar
    Andy250974 Posts: 3, Reputation: 1
    New Member

    Jul 4, 2006, 01:23 PM
    Got Letter from Debt Collector
    Hi, I have got a letter from FCRA debt collector agency for 9939 Dollars for apartment lease break.

    In 2001, I had to leave United States due to loss of job. At that time, my friend requested me to allow him in my apartment. Since I had to leave quickly I allowed him to stay in the apartment . He also told me that he will add his name to the lease later.

    After that he stayed in the apartment and I also believed him and we never discussed. He kept renewing the lease. In 2005 , January he again renewed the lease but due to problem with immigration had to leave the country in May. He asked the apartment guys that he has to quit country but they didn't entertain, as per him. He ultimately wrote a letter to management saying he has to leave the country and he is forfeiting his 2 months of rent and gave the keys to Apartment supervisor.

    In the mean time, I was back in united Stated and staying in Connecticut. Last week I got this letter from Debt collector to pay 9939.It seems it is the rent till end of lease.

    What should I do? I don't have such money to pay at once. Before this letter, I never got any letter from anyone.I contacted the apartment management but they say they don't want to talk about it and asked me to conact the debt collector

    What should I do? My friend is in india. It seems he never added his name to lease. I have never got into such issues.

    Need help urgently as Debt collector has said he will send information to 3 major credit agency if I don't respond in 30 days.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Jul 4, 2006, 02:05 PM
    Unless they have a current, signed lease I don't see where they have a case. Was the building management aware your friend was staying in the apartment? Did he pay by his own checks? Did they accept those checks?

    If you have an attorney friend, I would have him write a letter on firm letterhead to the debt collector. The letter would detail when you moved out, when the lease was renewed by the friend, and the facts that the bldg mgmt accepted rental payments from your friend. The letter would go on to state, that since you have had not been involved with that apartment since 2001, you have no invovlement in any lease payments. It should also state that any attempt to affect your credit over this will be met with legal action.

    In other words, call their bluff. Send a copy to the bldg mgmt.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692

    Jul 4, 2006, 02:15 PM
    Yes it appears your friend not only cheated you, and lied toyou but also cheated the apartment complex.

    He should not have renewed but gotten a new lease with his name, if he renewed by signing, but if he merely allowed the old original lease to continue to renew automatically that could be another issue.

    With that much money, I would go see an attorney in your area
    Andy250974's Avatar
    Andy250974 Posts: 3, Reputation: 1
    New Member

    Jul 4, 2006, 02:44 PM
    Thanks Scott. It seems he was just renewing the lease and not doing anything regarding adding his name.
    Do I stand a case. He was paying by his own check.

    Wat kind of lawyer should I contact... Is it going to be Landlord /Tenant specialization?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Jul 4, 2006, 04:14 PM
    How did he sign? Was the bldg mgmt aware they were dealing with someone other than you? That's the key point. Whether he added his name to the lease or not, you did not renew it. Unless he lied and signed your name or said he was acting on your behalf, the bldg had to be aware and accept you were no longer in residence. That would seem to remove any liability on your part.

    You should speak to a lawyer versed on tenant law.
    t.f.middleton's Avatar
    t.f.middleton Posts: 4, Reputation: 2
    New Member

    Jul 6, 2006, 02:50 PM
    I agree with ScottGem's answers, but I might add: If you decide not to hire a lawyer, at least request evidence from the Collection Agency that proves you owe this debt. They are required to provide you this evidence, a copy of the lease. Next if they have been excepting checks and conducting business with the new tenant you have a very strong case.
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member

    Jul 6, 2006, 04:40 PM
    Don't forget to Write the Debt Collector, you must dispute their claim or the court will consider it valid.

    Demand verification of the alleged debt and copies of the original lease and any and all renew of the lease.
    Ask the debt collector if he purchased the debt.

    You only have 30 day to dispute the debt. Send certified mail with return receipt.
    Andy250974's Avatar
    Andy250974 Posts: 3, Reputation: 1
    New Member

    Jul 7, 2006, 12:50 PM
    Okay, it seems the mnagement sends a letter 2 months before lease expiry and he used to sign it(forge) and send them. Also since the rent was increased over the period of 4 years he added to the security deposit.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Jul 7, 2006, 03:10 PM
    Did he sign your name? That's a criminal offense.

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