Is this a promisary note or a written contract?

Anonymous · ‎04-19-2008

In dec of 2003 i rented an apt when i was living in nevada the lease was up in 5/04, we ended up moving back to california in april 2004, 1 month before our lease was up. when we got back to calif my DH called them and said we would pay the last months rent so that it wont go on our CR. Well turns out he never paid it. So now their is a company called sentary recovery collections who is the CA and is reporting $1708.00 our rent was $650.00 we got the 1st month free so I remember them telling us if we didnt finish our lease we were responsible for the 1st month we got for free so that is only $1300.00. $408.00 for what, theirs no way that is interest. Any ways my questions are:

1. b/c this was a lease, is this considered a written contract or a promisary note?

Just trying to find out so i know how many years the SOL is.Thankfully this is being reported as a collection and NOT an eviction.

the SOL in cali for both of those is 4years but in nevada the written is 6 years and the promisary note is 3 years.

2. Since I live in cali and dont plan to move back to nevada do I go by the calif SOL or Nevada SOL?

Just trying to find out which one, calif or NV so i know if i can DV them now or if i need to wait longer.

3. Also should i DV the OC or the CA for a better chance of a PFD?

and lastly 4. this collection is on my and my & DH CR's so once pymt is made will they update both our reports or just mine?

thanks all

Message Edited by momof2 on 04-19-2008 08:53 PM

Anonymous · ‎04-19-2008

momof2 wrote:
In dec of 2003 i rented an apt when i was living in nevada the lease was up in 5/04, we ended up moving back to california in april 2004, 1 month before our lease was up. when we got back to calif my DH called them and said we would pay the last months rent so that it wont go on our CR. Well turns out he never paid it. So now their is a company called sentary recovery financial services who is the CA and is reporting $1708.00 our rent was $650.00 we got the 1st month free so I remember them telling us if we didnt finish our lease we were responsible for the 1st month we got for free so that is only $1300.00. $408.00 for what, theirs no way that is interest. Any ways my questions are:

1. b/c this was a lease, is this considered a written contract or a promisary note?

Am sure it was written.

Just trying to find out so i know how many years the SOL is.Thankfully this is being reported as a collection and NOT an eviction.

the SOL in cali for both of those is 4years but in nevada the written is 6 years and the promisary note is 3 years.
2. Since I live in cali and dont plan to move back to nevada do I go by the calif SOL or Nevada SOL?

They can sue under whichever they want.

Just trying to find out which one, calif or NV so i know if i can DV them now or if i need to wait longer.

3. Also should i DV the OC or the CA for a better chance of a PFD?

You can't DV a OC. You can DV a CA. Always DV before PFD. But do neither while in SOL unless you are prepared to pay.

and lastly 4. this collection is on my and my & DH CR's so once pymt is made will they update both our reports or just mine?

Should update on both.

thanks all

Anonymous · ‎04-19-2008

under written contract the SOL for NV is 6years, but since I live in cali which the SOL is 4 years can I use the cali SOL has past as an argument if we were to be sued?

I dont want to do anything until next month when the irs rebate checkcomes in the bank, will be enough to cover the $1708 but i am going to try to only have to pay the 2 months rent and not $408 in interest, that much is just rediculous.

Anonymous · ‎04-19-2008

momof2 wrote:
under written contract the SOL for NV is 6years, but since I live in cali which the SOL is 4 years can I use the cali SOL has past as an argument if we were to be sued?

Nope, they can sue using whichever SOL they wish.

I dont want to do anything until next month when the irs rebate checkcomes in the bank, will be enough to cover the $1708 but i am going to try to only have to pay the 2 months rent and not $408 in interest, that much is just rediculous.

Anonymous · ‎04-19-2008

I believe that a written contract and oral contract are for busness only. consumers use...open accounts and promissary notes.

They can use SOL for either states.

If you can not get a PFD.....remember FICO treats paid & unpaid the same!!! It will sit on your CR for another 3 years.

Message Edited by HappyDays on 04-19-2008 09:02 PM

Anonymous · ‎04-19-2008

great guess i better wait untill the rebate check is direct deposited in my bank account before I Dv them in case they decide to sue.

would i better off to send them a DV even thought I know this debt is mine or to PFD or just call them and let them know I am mailing a check and would like a letter from them confirming payment recieved?

Just trying to avoid being sued.

Also they NEVER once sent me a dunning letter, but the CA's office found out our phone # called and threatned to sue us, that was in july of 2004 we never heard anything from them again after that, no letter, no court summons, nothing, then about a year later i pulled my CR's and that when i found it on my CR but the original balance showed $1623. it still says that abalnce on 2 of my CR's and the other show $1708,

How can they report one amount to 2 CRA but a different amount on the other one? all 3 show the same date for date of last activity in september 2004. does that make sense to you? can they report 2 different amounts to the CRA's

Message Edited by momof2 on 04-19-2008 09:10 PM

Anonymous · ‎04-19-2008

have you called the OC???

Anonymous · ‎04-19-2008

No, i havent called, I dont have their phone number and am honestly to scared to call them cause thinking they may call the CA and tell them where i am at and to sue me. I am sure they would ask for my phone number or address.

what do you think would happen if I called them?

Anonymous · ‎04-19-2008

I would wait until you have the money ready.........IF you can't get the name & phone # for the OC.....send a DV to the CA.......they should mail you that info from the DV....if they don't.....send a second DV and ask for it!

Then call & see if you can pay the OC.......you might be able to sent the OC something in the way of a PFD.....change the wording.....keep it simple

What you want is the letter from the OC on letterhead....stating that the account is PIF and that they (OC name) will cease all and all reporting of said account and account will be deleted from their files! something like that.

Message Edited by HappyDays on 04-19-2008 10:06 PM