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antknee

Old lease collection question

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Trying this again since i have more info-  I have a lease from 4 yrs ago that’s been reporting as a collection.  It was an eviction due to them getting sick of me paying two weeks into the month with late fees attached . I called the property today because i think the amount they are listing is incorrect. Apparently there is a new management company and i got this response..can i use this to my advantage? I do know  NCC has the debt and is still reporting the original company I rented with as the owner. Any help would be GREATLY appreciated..

 

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We have recently purchased the community and changed management teams as of 01/04/2019 therefore, your account and file information was part of XYZ Company. I would have to refer you to them to find out what collection agency they placed your file with and how to get this resolved with them as the debt, if any, is owed to them. Please reach out to XYZ Company  here in town and inquire about your home, 11-406, here at Axxxx and they should be able to provide you with Katherine’s information to reach her or another person in their management team that could assist you in finding the collection agency used to resolve this matter.

 

Please see the ledger attached, this is all I have record of.

 

Thank you,

Laura J

Property Manager

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Follow the guides;

https://whychat.me/GUIDEBOOK.html

https://whychat.me/SOL PROGRAM GUIDE.html

 

Send each CRA the initial dispute letter;

https://whychat.me/initdispltrsol.html

 

It is more than likely that the reporting CA is a JDB ( junk debt buyer) and not the original collection agency for the property manager. Depending on your State's UCC ( uniform commercial code) the SOL ( statute of limitation) for legally collecting on a defaulted lease is 3-4 years.

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I work in property management and every single company that I have worked for over the past 16 years (7 at this point) handles these the same way. After move-out or eviction, account is placed with collection agency per company policy (usually 60-90 days). Collection agency electronically pulls resident information and account ledger from property management software (no lease, no move-out inventory and condition form, and no photos of damage are sent unless requested upon dispute. Final account statement goes in a box at the end of the year and is packed away in a file room. Previous resident disputes. Property staff go to property management software (if management company or software haven't changed AND the software is capable of online file storage - a lot of companies are too cheap to pay for this "extra") or go to said file room and physically look for the final account statement. The problem is apartment communities change hands so much and everyone uses different software. None of the big PM software companies I know of are capable of transferring lease files when software changes (leases literally have to be re-uploaded by hand and usually only current leases are re-uploaded). As far as the file rooms goes, they are often a unorganized (due to high turn over of management companies and all companies having different policies on completing final account statements) that I am usually only able to verify 50-60% of disputes. In my experience you have a 40-50% chance of them not being able to verify.

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Thanks for all that freebird and whychat... i have an update that I’d appreciate any input on-

 

 
Ok so my Experian dispute just came back as “ updated” ... As far as i can tell, the management company changed and the original manager and company is gone- I got this from the new property management when I asked for a breakdown of charges. Does this help me at all, if so what should my next move be? Dispute again with NCC? I did once a few yrs ago when the old management was still involved.. Helppppp meeeee
——————-

Antknee

I emailed you a final copy of your statement through our accounting software so you may see an email from “realpage.com” that is from us. I have also attached a final copy of your ledger here in this email.

We have recently purchased the community and changed management teams as of 01/04/2019 therefore, your account and file information was part of River Asset Management. I would have to refer you to them to find out what collection agency they placed your file with and how to get this resolved with them as the debt, if any, is owed to them. Please reach out to River Asset Management here in ***** and inquire about your home, ( old address ) here at
( Old complex name ) and they should be able to provide you with K’s information to reach her or another person in their management team that could assist you in finding the collection agency used to resolve this matter.

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If there was an eviction that went through the Court, then you could ALSO be seeing the court costs and post-judgment interest that are accumulating.  The judgment itself will let you know what those costs were and at what rate the interest accumulates (most States are typically between 8-12% from the date of judgment, with some allowing from the date the case was filed). 

 

The entity that is reporting is who has the legal responsibility for replying to issues related to a dispute.  They would correctly report who the account had been placed from or sold by.  They have no obligation to report the current property owner and the failure to make that sort of a change is not improper reporting. 

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Posted (edited)

Thanks for that input centex-if they have no obligation to make that change in who is reporting,  can they still collect? Btw, it’s outside of SOL. If the original management company is no longer managing the property could a dispute wipe out that claim?  I have an email from the current management company saying that they don’t have detailed records on the past account. Would that have any bearing on NCC’s ability to collect?

Edited by antknee
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2 hours ago, antknee said:

Thanks for that input centex-if they have no obligation to make that change in who is reporting,  can they still collect? Btw, it’s outside of SOL. If the original management company is no longer managing the property could a dispute wipe out that claim?  I have an email from the current management company saying that they don’t have detailed records on the past account. Would that have any bearing on NCC’s ability to collect?

The litigation issue is not about future suits to collect.  Rather, it is related to the eviction you discuss as having preceded this collection.  If there was a suit on the eviction and a gavel banged, then you have costs that continue to accrue at whatever rate applies in your jurisdiction. 

 

If NCC has purchased the debt, then the records the current management company has or does not have are simply not relevant.  You have not provided all of the relevant pieces of the equation and there is not enough at this point to solve for X. 

 

The claim does not simply go away because of a change in management.  There are successor-in-interest matters every single day in courts all across the country.  The same would hold true in the collection realm.  But again, you have not given enough information to even determine whether this was placement paper or whether it was purchased paper.  Knowing which category you are dealing with is absolutely essential to making an informed plan of attack...

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Thanks for responding- I’m sorry I’m not providing the info needed. While i have been successful in other kinds of disputes, I’ve never handled an old apartment lease before.

I never got a letter from NCC, I discovered them on a credit report review 3 yrs ago. There WAS a judgement a few yrs ago from what i can tell on the local courts web site.  Judgement amount and the original amount listed as owed are both different from what they are asking me to pay, but that amount has not increased in 4 yrs. They have been reporting a different amount since day one as the original amount owed when it was really substantially less.

 

Other than the email and the amounts listed as owed i have from the current management, that’s about all i have. 

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