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Have some issue with my previous apartment lease. NJ. They…

Customer Question
Have some issue with...

Have some issue with my previous apartment lease

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

NJ

Lawyer's Assistant: Has anything been filed or reported?

They have sent my profile to collection agency for collection I was on month on month and vacated the apartment with oral notice but they said i did not give any notice...as they forgot me

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Thats all

Submitted: 8 months ago.Category: Landlord-Tenant
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Answered in 40 minutes by:
11/18/2017
Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,348
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions.

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Customer reply replied 8 months ago
Hi, I did not get answer for my question. Please let me know clearly what can i do to resolve the issue.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

Hi, thank you for clarifying. Bear with me a moment...

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Customer reply replied 8 months ago
Please response to my question..since I am waiting for long time.
Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks so much for your patience. I'm a slow typer so please forgive me. If you have reason to believe that this is an invalid debt, then you can request that the credit reporting agencies remove this from your record. Under the Fair Credit Reporting Act, credit bureaus are required to report only accurate information. Thus, if you send them information stating that the information they have is inaccurate, then they have to delete it by law. If you click here, you can find a really helpful template that will assist you in drafting up a letter that you can send to all three bureaus. What other questions did you have for me?

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Customer reply replied 8 months ago
Just It came to collection agency and not reported to credit bureaus yet. But I want to take decision whether pay them or sue them. The fault from my side is I given oral notice only instead of written notice Since they said no need of written notice and good to vacate but now they say we did not say so. Did you see the attached email conversation occurred between us?
Lawyer: Legal Eagle, Lawyer replied 8 months ago

hi, thanks for the clarification. It seems like there is a cause of action that you may have against this debt collection company. Under the Fair Debt Collection Practices Act at section 1692e, it is unlawful for a debt collector to say that you owe a balance when you do not. In the future, you may want to consider just writing a cease and desist letter (click here) for all collection attempts under the FDCPA. Lawyers use letters like these on the regular basis to enforce their client’s rights. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. If they continue, then you should file a complaint with the FTC regarding their action.

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Customer reply replied 8 months ago
Please understand that I have problem with leasing office not with collection agency. Is it possible to sue the Property Management(leasing office) and claim my expenses for suing?
Lawyer: Legal Eagle, Lawyer replied 8 months ago

Well, if the property management/leasing office sold the debt, they are not the ones that you would be able to pursue because they no longer have the rights to collect any $ under the agreement. It's the reason why people sell debts sometimes because it basically relieves them. However, you could potentially sue them for breach of contract for saying that you owe a debt that you do not. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach which would include any money that you pay to the collection agency or even the money you've spent with Just Answer. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state and get started.

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