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Zachary
Zachary, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Ok, so I was teken to collections by an old apt complex. They

Resolved Question:

Ok, so I was teken to collections by an old apt complex. They are stating that I never paid them after I broke my lease with them. The kicker is I did pay them. Over a month ago I faxed my bank statments to the collections agnecy showing that I did indeed pay the apt complex. They said that they would have to do an investigation and if it turns out that the info I gave them is correct the collections would be removed from my credit. This was over a month ago and now I am trying to get a hous through a home builder company, and they are saying that I have been approved for the loan, but they are not going to start building until the collections is removed or is showing a zero balance. Right now I feel like that I have done nothing worng and now I am being penalised for doing nothing wrong. The collections agnecy said that I have to wait until the apt complex says it's ok to close the collections and remove it from my credit report, but I feel like the apt complex is dragging their feet. I don't know what to do, and I don't know what I can do. Is there anything I can do to apply some pressure? What if the apt complex doesn't respond to the collections agnecy. FYI, the collections agnecy is IQ Data.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. I'm very sorry to hear about this situation.

You do have a legal remedy here. First, you need to write a dispute to the credit reporting agencies regarding the asserted debt on your credit report. This may be done by sending a letter (form at: http://www.myfico.com/crediteducation/rights/sample-letter-of-explanation.aspx) to the following addresses by certified mail:

Equifax
P.O. Box(NNN) NNN-NNNN
Atlanta, GANNN-NN-NNNN

Experian
Dispute Department
P.O. Box 9701
Allen, TX 75013

TransUnion
Consumer Solutions
P.O. Box 2000
Chester, PANNN-NN-NNNN

Next, you have the right to sue the apartment complex for "negligent damage to credit" and for a "declaratory judgment". The "negligent damage to credit" claim concerns the monetary damage you have incurred because of their failure to accurately report that you have paid your bill. This would give you money damages for the delay in building that you are going through now.

The "declaratory judgment" action would allow you to have the court declare in an order that you do not owe any more money to the apartment complex. This declaration can then be shown to the builders and any future lenders.

Finally, you should send a certified letter to IQ Data declaring your formal dispute of the account and providing them with evidence that you have paid the overdue amount in full. Demand that they immediately halt all their collection efforts, as required under the Fair Debt Collection Practices Act.

Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3831
Experience: Lead trial/International commercial attorney licensed 11 yrs
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