Am I liable for this contract with an old apartment complex?

Question

Ok, here is the skinny.....My husband and I left an apartment complex a couple of years ago and thought everything was fine due to the fact that the management said that since we were unable to transfer we were released from our leasing contract. When I pulled my credit report a couple of weeks ago I discovered that the same complex reported us to a collection agency for $2600 termination of lease!!! They had our forwarding address etc but never notified us. To top it all off when I wrote asking for validation of the debt they sent me a contract that wasn't ours but had similar looking signatures without a leasing manager signature!! Our original lease was signed and notorized by not only us but the leasing manager at the time.

I have since demanded a copy of the original lease but have yet to recieve a response from the collections company or the aparment management company. Is the contract they are trying to push executable!?!? Are we liable?

Answer 1

your beef right now is with what was reported, not necessarily with a debt that is not being pursued.  write the letter to the credit bureaus with all documentation with the expectation that the dispute is added to the credit report.  

obviously, keep both your original contract and the forged contract sent to you recently.  they may be your saving grace in the end should the management company come after you with a law suit.  if they can not produce the original contract, the law will not recognize any of the contract (though this may vary on your state and the whim of a magistrate)

in the future, if there are changes to a contract, such as a lease, get it in writing - especially the mutually agreed upon discharge of the contract.  if it isn't in writing, it isn't legal.

best of luck.

.

Answer 2

Am I understanding this right?  Did you say they sent you copy of a lease with signatures that kind of looked like yours but weren't yours?  That is fraud alright, and you should call the Attorney General, (and maybe 20/20).  This might be worth spending a little money to have an attorney write a stern letter to the management company.  False claims that end up on your credit report could make them liable for damages to you.

If the management company acquiesces and decides to withdraw their claim, make sure to get it in writing, ok?  Good luck.

Answer 3

No, hopefully you have a copy of the real lease. They will also have to provide proof of their attempt to contact you about the intent to impose charges, such as the certified letter receipt and a copy of the move out statement. Be a squeaky wheel, call the management company everyday and speak to everyone possible demanding proof and your credit be fixed. They will eventually have to do something or come up with something, if not take them to court, get a public defender or hire an attorney and include the attorneys fees in your suit.

Answer 4

For starters write a letter of dispute to the collection agency and enclose copies of all paperwork you have backing your claim. Best of Luck.

Answer 5

You are being cheated.  But you learned 2 lessons.  You will never "not be able to find a copy of the lease".  There is always a grocery store that has a copy machine so you will never let a landlord say "I'll get you a copy later".

I would contact the Attorney General.  THis is borderline fraud. You need help.  

2nd lesson is that you will never move out of a rental thinking "everything is fine".  You will get signatures from the owner and manager that you are paid in full and the unit is clean and re-rentable.

I would go to www.judgejudy.com.   When the tv show contacts the landlord, you'll get some satisfaction. Judy will roast him on tv.