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My landlord says I owe more than what my deposit covers Nevada

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  • cactus jack
    replied
    Sounds good to me! Because if no judgement was filed, then there's not much they can do. However, don't count your chickens before the eggs hatch- call a lawyer.

    Did you get those documents I suggested you get?

    Here's some links that can help.
    http://www.utahlegalservices.org/pub...nters-handbook
    http://portal.hud.gov/hudportal/HUD?src=/states/utah
    http://law.utah.edu/pro-bono-initiative/

    Leave a comment:


  • TheSiege
    replied
    Originally posted by Marketeer View Post
    Sagecrest is the landlord? If there's an actual court judgement against you then, yes, it can be sold to another collection agency. There are bottom-feeder agencies that will buy judgements to see what, if anything, they can recoup. No one can predict whether that will happen in your case or not.
    Sagecrest is the apartment place, and no judgement has been made

    Leave a comment:


  • Marketeer
    replied
    Sagecrest is the landlord? If there's an actual court judgement against you then, yes, it can be sold to another collection agency. There are bottom-feeder agencies that will buy judgements to see what, if anything, they can recoup. No one can predict whether that will happen in your case or not.

    Leave a comment:


  • TheSiege
    replied
    After requesting more and more documentation, the collection agency sent me this.

    "I spoke with our office manager concerning this and have been advised to return the account back to Sagecrest for non-response to your request and to delete this account from your credit report. I have requested the account be returned from Knight Adjustment also. Attached is the Universal form which has been submitted electronically to the credit reporting agencies deleting this account from your credit report. PLEASE SAVE FOR YOUR RECORDS!"

    Which is great, at one point we agreed to an amount about 7/10th of what they said I owed. I was ready to pay and they changed their mind and insisted on the full amount again. So I requested some documentation and the collections people sent me the above quoted email after their client failed to give them the paperwork.

    Can "sagecrest" just send my information to another collection agency?

    Leave a comment:


  • cactus jack
    replied
    Originally posted by TheSiege View Post
    There was no action taken against me, besides collections, what grounds would I have to sue?
    Gather the documentation as I suggested. Including the bills and letters from the collection agent. And the go talk to a lawyer. That gives them far more to work with than just your word. They'll see the proof, and that'll give them a better view of the case.

    I will not make any promises on this, except for one- if you do nothing, you stand a far greater chance of losing on this, and I suggest you do not wait any longer. You have a time frame in which to pursue this in court. I do not know what it is.

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  • TheSiege
    replied
    Originally posted by cactus jack View Post
    TheSiege, get back to us on what happens. I certainly want to know what comes out of this, and it's possible there could be other avenues as well.
    There was no action taken against me, besides collections, what grounds would I have to sue?
    Last edited by TheSiege; 03-26-2015, 02:47 PM.

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  • cactus jack
    replied
    TheSiege, get back to us on what happens. I certainly want to know what comes out of this, and it's possible there could be other avenues as well.

    Leave a comment:


  • cactus jack
    replied
    Originally posted by TheSiege View Post
    This is what happened as far as I can tell.
    1. I moved out
    2. They deceided they cleaning costs and repairs cost more than my deposit covered
    3. They may have attempted to contact me, I don't know, I never received anything, I never left a forwarding address, but all my checks and application had my address as well as a few other peoples address they could have sent it to
    4. 18 months later or so, I look into a getting a car loan and see its on my credit report as being in collections
    5. I contact the collection agency and they send me a itemized list, but no receipts
    6. They send the account from NV where I was living, to an agency in UT, where I live now.
    7. I request the receipts, they send me the same itemized list
    8. They offer to settle for $770 and wipe it completely off my credit report if I pay the $770 bucks
    9. I right a letter to the credit agency disputing the charges and again asking for receipts, the other requests were over the phone

    Thats where I am now.
    Sounds like B-Collections. I've dealt with them before.

    My suggestions stand. Your call if you do it or not. If the collection agency only provides a list and not any actual court docs, then the report from the court clerk helps. Then you have fuel to give to a lawyer if you decide not to sue them yourself. No promises that it'll work because there's a lot of details we don't have, and we're not lawyers, just volunteers giving opinions. Have you checked out the links provided in the Landlord Tenent section?
    Here it is just in case- http://www.laborlawtalk.com/showthread.php?t=308447

    Leave a comment:


  • TheSiege
    replied
    Originally posted by cactus jack View Post
    Contact the county court clerk in the county the apartment is in and ask for a list of court actions you have been involved in. You have that right.
    If there was any action taken against you, it'll be listed. If there is an action listed that you have no knowledge of, you can contact the court clerk and notify them and ask for more information on that case. If there is no action listed between you and your former landlord you might have grounds to sue either the collection agency or the former landlord.

    I myself have experienced this back in 1995. I didn't threaten to sue the landlord, but when I made my position abundantly clear, the landlord apologized.
    This is what happened as far as I can tell.
    1. I moved out
    2. They deceided they cleaning costs and repairs cost more than my deposit covered
    3. They may have attempted to contact me, I don't know, I never received anything, I never left a forwarding address, but all my checks and application had my address as well as a few other peoples address they could have sent it to
    4. 18 months later or so, I look into a getting a car loan and see its on my credit report as being in collections
    5. I contact the collection agency and they send me a itemized list, but no receipts
    6. They send the account from NV where I was living, to an agency in UT, where I live now.
    7. I request the receipts, they send me the same itemized list
    8. They offer to settle for $770 and wipe it completely off my credit report if I pay the $770 bucks
    9. I right a letter to the credit agency disputing the charges and again asking for receipts, the other requests were over the phone

    Thats where I am now.
    Last edited by TheSiege; 03-20-2015, 07:43 AM.

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  • cactus jack
    replied
    Contact the county court clerk in the county the apartment is in and ask for a list of court actions you have been involved in. You have that right.
    If there was any action taken against you, it'll be listed. If there is an action listed that you have no knowledge of, you can contact the court clerk and notify them and ask for more information on that case. If there is no action listed between you and your former landlord you might have grounds to sue either the collection agency or the former landlord.

    I myself have experienced this back in 1995. I didn't threaten to sue the landlord, but when I made my position abundantly clear, the landlord apologized.

    Leave a comment:


  • TheSiege
    replied
    Originally posted by Marketeer View Post
    The law that you've quoted above states, "the surety shall not report the claim of the landlord to a credit reporting agency unless the surety obtains a judgment against the tenant." So, are you sure that you were not sued? Did the landlord have your address to serve you? Could you have lost a suit because you weren't properly served because they couldn't find you?

    I can't find a law that says they must provide receipts; it's cited as a best practice.
    That only applies if I dispute it, I never even knew there were additional charges until after they submitted it to the collection agency.

    Leave a comment:


  • Marketeer
    replied
    The law that you've quoted above states, "the surety shall not report the claim of the landlord to a credit reporting agency unless the surety obtains a judgment against the tenant." So, are you sure that you were not sued? Did the landlord have your address to serve you? Could you have lost a suit because you weren't properly served because they couldn't find you?

    I can't find a law that says they must provide receipts; it's cited as a best practice.

    Leave a comment:


  • TheSiege
    replied
    1. Was there ever a legal action taken by the landlord? Yes or no? No
    2. What time frame are we looking at this happened in? I moved out in August 2012, I was never contacted until I applied for a car loan this past december and saw it on my credit, at that point, I contacted them

    If there is any law that says they HAVE to provide receipts, could you please reference it. All I can see is it saying that they can charge me for reasonable costs for repair and cleaning.

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  • cactus jack
    replied
    TheSiege, there's a lot you're not telling us that really does make or break the case. Of course...we're not lawyers. So there is nothing we can do but give our opinions. However, we still need more info than what you've given.
    1. Was there ever a legal action taken by the landlord? Yes or no?
    2. What time frame are we looking at this happened in?

    I'll cut to the chase- if there is a previous legal action, there is nothing I can foresee that can be done. I hate to say it, but if you waited too long to ask for help, you may very have screwed yourself. But it's not the end of the world.
    About the receipts and proof of work, you have the right to ask for that, but that's bef0re any legal action is taken. If they did take you to court you had your chance then. If they did take you to court and you lost it is very possible there is nothing you can do.
    I will say, however, the time frame IS everything if there was a legal action. You might have a chance to appeal.

    Get us the info on point 1 & 2 and I'll see what there is. I'll try to be back online tonight.

    Leave a comment:


  • Betty3
    replied
    I don't know much you can do about that unless possibly you pay it. You could dispute it with the credit reporting agencies but they most likely will be told it is money you owe the LL. I don't know if you want to spend the money for a lawyer to see what the lawyer might be able to tell you/do for you. You might be able to get a short consultation for free.

    Someone else might have a suggestion.

    (If there is no current judgment (they are trying to collect the money w/o a judgment) & they take you to court to get a judgment & YOU win, the credit agcys. should remove it if requested by you.)
    Last edited by Betty3; 03-19-2015, 08:37 AM.

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