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I am tenant that resides at a Soard Properites property. I…

Hi, I am tenant...

Hi, I am tenant that resides at a Soard Properites property. I have received a debt collectors notice in the mail of $2,212.65. Nearly a year ago, I signed a 6 months lease with two other girls, within a week it wasn't working smoothly... my roommates asked that I leave (the other two were family). I approached Soard with my problem and they had me sign a 30 day notice and let me sign onto another lease at another apartment. I have completed my lease with them and am still paying month by month, no issues. I suppose the other two ladies moved out and broke the lease before the next months rent was due at the previous place (where they stayed). Now, Soard properties is billing us all for this lease amount. The amount is for the entire lease, but I know that new tenants moved in shortly after my past roommates moved out (by shortly, I mean the next month). I even offered to pay my third and they said they'd still come after me. Also, they tacked on hundreds of dollars worth of damages, which seems nearly impossible considering I nor the others lived there over a month. I feel like something with this cannot be right, and I would be so thankful for advice or any help.

Lawyer's Assistant: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?

Fixed term, 6 months

Lawyer's Assistant: Where is the property located?

Cookeville, TN

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

I never received my deposit

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Answered in 9 minutes by:
8/11/2017
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,040
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

You may also be offered a phone call, but those don’t come from me and are offered by JustAnswer and you are under no obligation to accept.

.

If you disagree with the debt collector's claims, and you should, then you would need to send them this template notice certified mail with your specific information to dispute their claim and force them to "validate the debt". If they can't do so, then they have to stop contact and close the case.

.

.

November 3, 2016

.

Your Name

*****Address

Your City, ST 01234

.

ABC Collections

*****/p>

Chicago, IL

.

Re: Acct # XXXX-XXXX-XXXX-XXXX

.

To Whom It May Concern:

.

This letter is being sent to you in response to a notice sent to me on September 30, 2012. Be advised that this is not a refusal to pay, but a notice sent pursuant to the Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) that your claim is disputed and validation is requested.

.

This is NOT a request for “verification” or proof of my mailing address, but a request for VALIDATION made pursuant to the above named Title and Section. I respectfully ***** ***** your offices provide me with competent evidence that I have any legal obligation to pay you.

.

Please provide me with the following:

.

What the money you say I owe is for;

Explain and show me how you calculated what you say I owe;

Provide me with copies of any papers that show I agreed to pay what you say I owe;

Provide a verification or copy of any judgment if applicable;

Identify the original creditor;

Prove the Statute of Limitations has not expired on this account

Show me that you are licensed to collect in my state

Provide me with your license numbers and Registered Agent

.

At this time I will also inform you that if your offices have reported invalidated information to any of the 3 major Credit Bureau’s (Equifax, Experian or TransUnion) this action might constitute fraud under both Federal and State Laws. Due to this fact, if any negative mark is found on any of my credit reports by your company or the company that you represent I will not hesitate in bringing legal action against you for the following:

.

Violation of the Fair Credit Reporting Act

Violation of the Fair Debt Collection Practices Act

Defamation of Character

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If your offices are able to provide the proper documentation as requested in the following Declaration, I will require at least 30 days to investigate this information and during such time all collection activity must cease and desist.

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Also during this validation period, if any action is taken which could be considered detrimental to any of my credit reports, I will consult with my legal counsel for suit. This includes any listing any information to a credit reporting repository that could be inaccurate or invalidated or verifying an account as accurate when in fact there is no provided proof that it is.

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If your offices fail to respond to this validation request within 30 days from the date of your receipt, all references to this account must be deleted and completely removed from my credit file and a copy of such deletion request shall be sent to me immediately.

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I would also like to request, in writing, that no telephone contact be made by your offices to my home or to my place of employment. If your offices attempt telephone communication with me, including but not limited to computer generated calls and calls or correspondence sent to or with any third parties, it will be considered harassment and I will have no choice but to file suit. All future communications with me MUST be done in writing and sent to the address noted in this letter by USPS.

.

It would be advisable that you assure that your records are in order before I am forced to take legal action. This is an attempt to correct your records, any information obtained shall be used for that purpose.

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Best Regards,

.

Your Signature

Your Name

.

.

That usually shuts down debt collectors because they know that you know your rights and they don't want to risk getting sued and actually ending up owing you money..

.

.

thanks

Barrister

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,040
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified
Barrister and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 10 months ago
Do I include "Fair Debt Collection Practices Act, 15 USC 1692g Sec. 809 (b) ", or does it need to be changed to suit me? Just unsure what that is.

Yes, just copy and paste all the statutes and other language...just change your personal info, dates, and addresses..

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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