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In a nutshell my hours have been cut and my wife had to take

a lower paying job. Sold...
In a nutshell my hours have been cut and my wife had to take a lower paying job. Sold everything of value to pay the rent but we just can't swing it. Went ahead and moved in with family. Apartment office says they want 2 months rent (2k) and 60 notice. When asked about making payments they said to talk to an attorney. I don't want an eviction haunting me for future housing so what should I do? I don't have the cash they want. I've been contemplating bankruptcy but my wife's name is XXXXX XXXXX the lease and she only has student loan debt.
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Answered in 8 minutes by:
11/9/2013
Elizabeth Prentice
Category: Bankruptcy Law
Satisfied Customers: 174
Experience: Managing Attorney for one of the largest consumer bankruptcy firms in America.
Verified
I am an attorney and I would be happy to assist you. Since you already moved out, there would not be an eviction action as long as you gave them the keys back. You should make sure you send them written notice via certified mail, return receipt requested and state when you left and when you gave them the keys (returned possession of the apartment). You should also request that they re-rent the apartment. Essentially, if you broke the lease/contract, they are entitled to the monies you owe per the contract. However, they also have a duty to mitigate their damages, That means that they need to attempt to re-rent the apartment. If they are able to re-rent the apartment, it will decrease any amount you owe to them. Therefore, if they sue you for the full 60 days in a collections action, you will have evidence (the letter) that you gave them notice and asked them to re-rent the apartment. They will then have to explain to the court why they failed to do that, which may decrease how much you owe in that situation. Regardless, you will owe rent until the apartment is re-rented, along with any other permissible charges, such as a cleaning fee, etc. They may send the debt to a collections agency, in which case if both of your names were on the lease it will be reported to both of your credit agencies. In conclusion, if they are able to re-rent the apartment in the near future, you may not owe as much. if you are still unable to pay the amount owed at that time and the debt is sent to collections or they sue you for the money, then you should both consider filing bankruptcy at that time to discharge the debt.

I hope my answer has assisted you and that you will leave me a positive rating!
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Customer reply replied 4 years ago

Thank you!!


 


Do you mind giving me a template to work with for the letter?


 


 

Customer reply replied 4 years ago

I have 13k or so in old credit card debt and a 9k judgment so for me it makes sense. My wife only has a $300 credit card and 16k in student loans. Will she still be able to file with me? I was told student loans are no longer discharged.

Since Missouri is not a community property state, if your wife does not wish to file then she does not have to. However, she should run her credit report through the ftc.gov website and compare it to yours. It is free and secure when using the federal approved website. It is possible that the credit cards may be in both of your names. So she should check and make sure she doesn't have any liability on your debts and they aren't coming up under her name too. If they are, then she may want to file to make sure the creditors don't come after her after you file. Students loans are generally non-dischargeable, except in extreme cases where the debtor would qualify under certain exceptions to the rule.

 

For the letter you don't really need a template. Make sure it is properly addressed and dated, similarly to a business letter. It should clearly state your Apartment address you lived at, that due to unfortunate financial circumstances you have been required to vacate and terminate the lease on XXX date, you have removed all belongings and have returned possession to the landlord by giving them the keys in person on XXX date. You may even want to mention that you have cleaned it, if you have. You should request that they re-rent it as soon as possible and that they provide you a detailed accounting of all charges they claim which you owe as soon as practicable. You should also give them notice of your address and where to send the detailed accounting. Make sure that you send the letter certified mail, return receipt requested (use the green postcard at the post office) and make sure it is addressed to the legal address that is noted in your lease. Every lease has a provision that says where you should send a legal notice or correspondence.

 

I hope my answer has assisted you and that you will leave me a positive rating!

Elizabeth Prentice
Category: Bankruptcy Law
Satisfied Customers: 174
Experience: Managing Attorney for one of the largest consumer bankruptcy firms in America.
Verified
Elizabeth Prentice and 87 other Bankruptcy Law Specialists are ready to help you
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Customer reply replied 4 years ago
The post office is closed today so I hand delivered the letter and keys. The manager said it would still be an eviction and be on my record. Is this true? Held off until I found out for sure. I found a possible tenant but he won't be in town in time to sign before they start the eviction.
An eviction is a legal process. If they sue you in a court of la for eviction, you should file an answer with an affidavit, explaining to the court/judge that the eviction should be dismissed, because you properly gave them the keys. If what they mean instead is merely that you broke the lease and they plan to keep a record of that at their office, then that is something different. You can't be "evicted" somewhere that you left. You broke the lease and if you owe them rent, there should not be any legal action. They need to provide you a detailed accounting of what you owe, since they have to give you a chance to at least pay it, even if you don't plan to. If they do institute legal proceedings against you relating to an eviction, you should fight that, since you can't be evicted from somewhere you don't live anymore.

I hope my answer has assisted you and that you will leave me a positive rating.
Elizabeth Prentice
Category: Bankruptcy Law
Satisfied Customers: 174
Experience: Managing Attorney for one of the largest consumer bankruptcy firms in America.
Verified
Elizabeth Prentice and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Received this letter. How should I handle it? Don't want it on my credit report, I'm trying to buy a house.

Customer reply replied 4 years ago

.

Thank you for the letter. The debt may have been sent to the credit reporting agencies already. You should start though by disputing the debt. You need to send them (the attorney) correspondence (there is a sample for you to use below) via certified mail, return receipt requested. By doing this, it will require the creditor to verify the debt and prove that you owe it. When this happens, the creditor is required to let the credit reporting agencies now that the debt is in dispute right now. It buys you some time in order to file bankruptcy on the debt and prevent the attorney from suing you or obtaining a judgment against you in order to garnish your bank accounts or pay. You should talk to a local bankruptcy attorney asap. Also, here are links that explain disputing debt: ftc.gov & http://www.creditinfocenter.com/rebuild/debt_validation.shtml

Sample letter for response:

VIA CERTIFIED U.S. MAIL ONLY
NAME OF COMPANY GOES HERE
Company's address goes here

Re: NOTICE OF POTENTIAL FDCPA VIOLATION & REQUEST FOR VALIDATION
Debtor: [Your name goes here]
Acct. No.: [insert it here from letter]
Client Acct. No.: [insert it here from letter]


Dear Sir/Madam:

Please be advised that I hereby dispute that I owe you or [creditor's name goes here] any money. See, FDCPA Section 809. Validation of debts [15 USC 1692g]. I received a notice from you dated on or about November 25, 2013, claiming that I owe approximately $[insert amount they claim you owe here]. Although your documentation does not state where this debt is from, I believe that it is in relation to a debt alleged by [insert name of your landlord here], which I dispute. On [put date here of when you gave letter to landlord], I sent written notice via certified U.S. Mail of my dispute of the foregoing debt to the landlord, which they received on that date. They had a duty to send me an itemized bill of any charges I was to incur for ending my lease by law, and they have not yet done so. Additionally, they have a duty to mitigate any loss by renting the apartment out to a new resident. Furthermore, they have a security deposit I paid which they have not yet accounted for or applied to any debt they allege I owe.

Pursuant to the FDCPA, I hereby request written validation of the aforementioned debt which you claim I owe in the following forms:
1) Proof that you own the debt/or have been assigned the debt in the form of a direct contract; and
2) A copy of a statement from the original creditor with complete payment history, starting with the original creditor, believed to be [insert landlord's name], including evidence of how this debt was calculated. I request an itemized statement of any charges alleged owed, along with proof of how my security deposit was applied. See, Fields v. Wilber Law Firm, Donald L. Wilber and Kenneth Wilber, USCA-02-C-0072, 7th Circuit Court, Sept 2004.

Please be aware, that if you attempt to claim that the debt was assigned to you, then per the FDCPA you are required to provide a copy of the contract which provides for such an assignment and contains my signature. Please forward all copies of documentation to me directly at the following address: (insert your address here).

Please be aware that if you fail to provide documentation before pursuing any further collection actions, I shall be filing a Complaint in local court regarding your violations of the FDCPA. Section 1692g(b) requires the debt collector to cease collection of the debt at issue if a written dispute is received within the 30-day validation period until verification is obtained.

Please also be aware that if you have reported the above referenced debt at any credit reporting agency, you are obligated by Section 1692e(8) to inform the consumer reporting agency of this dispute.

Respectfully,
(sign)
(put your name here)

--------------------
I hope this helps you and good luck! Don't forget to send it asap and start calling around for a local bankruptcy attorney.
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I just wanted to remind you to rate my answer posted on December 13th. Thanks!
Elizabeth Prentice
Category: Bankruptcy Law
Satisfied Customers: 174
Experience: Managing Attorney for one of the largest consumer bankruptcy firms in America.
Verified
Elizabeth Prentice and 87 other Bankruptcy Law Specialists are ready to help you
Ask your own question now
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Elizabeth Prentice
Elizabeth Prentice
Elizabeth Prentice, Attorney
Category: Bankruptcy Law
Satisfied Customers: 174
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Experience: Managing Attorney for one of the largest consumer bankruptcy firms in America.

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