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Please help

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llecs
Moderator Emeritus

Re: Please help

If I had that happening, I would do the following:

 

1) I'd find a copy of the MO if I made one, and/or find the stub copy of the MO.

2) Absent #1, I'd go back to the company that provided the MO and ask for a copy. IIRC, it seems you can ask for a copy of the transaction.

3) Absent #1 and #2, I'd pull statements together showing where I withdrew the $$$ for the LO. Long shot but it may work.

4) Review your lease. You mentioned you left the lease early. If you leave early, you still have to pay for the remaining months. If you don't pay it, it can be considered an eviction.

5) If after reviewing everything and you are certain you are in the right, then you can always try to escalate it through a BBB complaint with both the OC and CA to see if you can squeeze some more info out of them. The BBB certainly isn't an authority of anything legal, but sometimes the heat gets them to talk and communicate which is what you need right now.

6) Review the legal responsibilities of the Landlord. Cali has some stringint rules on eviction, including specific procedures on evicting someone.

 

SOL is the statute of limitations. If this happened 5 years ago, then the OC or the CA cannot sue you for the debt (assuming you didn't pay on it since 5 yrs ago). However, if SOL expires, they can still collect on it, bug you, call you, report, etc.

Message 11 of 14
faiths13
Established Member

Re: Please help

we have no copy of the money order and no way to get one. we arent even sure where we got the money order as it was purchased 5 years ago. even if we walked out and it is somehow considered an eviction, then why doesnt it show on our credit? also, if we werent evicted in any way we know of, then why do we have to pay a lawyers fee for it? Well, if we cant prove we paid the $1600 for the last months rent it doesnt matter anyway. we arent paying these CAs $3000 worth of bloated fees. This did not happen five years ago - it is five years ago we moved in. We lived there for there until the end of 2011. they sent to it a CA in april of 2011 and then it turned up on my husbands credit report this month.

Message 12 of 14
llecs
Moderator Emeritus

Re: Please help


@faiths13 wrote:

we have no copy of the money order and no way to get one. we arent even sure where we got the money order as it was purchased 5 years ago. even if we walked out and it is somehow considered an eviction, then why doesnt it show on our credit? also, if we werent evicted in any way we know of, then why do we have to pay a lawyers fee for it? Well, if we cant prove we paid the $1600 for the last months rent it doesnt matter anyway. we arent paying these CAs $3000 worth of bloated fees. This did not happen five years ago - it is five years ago we moved in. We lived there for there until the end of 2011. they sent to it a CA in april of 2011 and then it turned up on my husbands credit report this month.


Based on reading from these forums, evictions do not report unless a CA is reporting the balance or a judgment is reporting if sued. Landlords and apartment complexes and the like don't report, generally speaking. So the first time you'd ever see anything report is the CA or lawsuit, which isn't applicable.

 

CAs are allowed to charge what the OC says is owed, which could include attorneys' fees, interest, etc. The CA shouldn't be charging for attorney's fees outside of the OC, just for the sake of charging. IMO, ignore any fees or interest or any other bogus charges if money isn't owed to the OC.

 

 

Message 13 of 14
faiths13
Established Member

Re: Please help

we have an itemizedl list from the OC that states they are charging for lawyers fees. I just cant believe they can do that.

Message 14 of 14
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