I need help with handling a judgement from an apartment complex.

[Anonymous]

From what I've read it's up to the collection agency as much as anything.  This judgement was from 2 years ago.  It just showed up on my credit report.  From what I've read it will be 7 years from that date when it rolls off.  The judgement was for approximately $900.00 but the collection agency is trying to collect over $1400.00.  When I've talked to them they told me the additional amount was for breaking the lease per the apartment complex.  My name is the only one on the lease and the judgement is in my name only but they also reported it to my son's rating.  About 3 months ago I got an offer from the collection agency to settle this for less than the judgement amount but I didn't have the money and had no idea of when I would have it.

I want to get the original deleted if possible due to it being the 1) wrong amount and 2) my son's being included.  I would like to avoid have the correct judgement reported.  I would like to not have to pay the full amount of the judgement.  I have the money now is there any guidance of how I should handle this?  

Thanks

[RobertEG]

Collections and judgments are apples and oranges.

A judgment is the reporting of an order by the court determining your responsibility for the debt.

A collection is the reporting by a party of their own efforts to collect on the debt, regardless of a judgment having been imposed.

They may choose to use the judgment as a means to have it executed, thus compelling payment, but they are separately reported.

If the court specified an amount due in their judgment, that is a holding of the court.  Dispute of their finding requires appeal of the judgment.

Not wanting to pay the amount held by the court to be due wont legally cut it.

If the debt collector is attempting to collect more than the court ordered you to pay or that you feel you are obligated to pay, the issue becomes one of their collection practices under FDCPA 808(1), which states that it is a violation to attempt:

"The collection of any amount (including any interest, fee, charge, or expense incidental to the principal obligation) unless such amount is expressly authorized by the agreement creating the debt or permitted by law."

Did your rental contract expressly authorize this fee?  If not, does any provision of your state/local code permit such a fee?  The absence of inclusion of any such fee by the court as part of its judgment may be evidence that it was not considered a charge permitted by law.

If the answer is no to both, they are in violation of FDCPA 808(1).  If the answer is yes to either, then collection on that amount is legal.

[Anonymous]

It appears that the consumer gets screwed twice.  I tried to pay the out standing balance and sign a lease but I couldn't because the management company would allow ne to because I'm a felon.