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I have a Debt in collections from 08/2008 for rental damages, every year in January they update the Debt with a Key Derogatory and it takes my credit score down. So my question is are they allowed to do that even if they have had no contact with me and will it ever roll off my credit report with them doing that?
Yes, they can do that. Have you tried contacting the land lord t pay the debt?
No I have not I guess I could try a pay for delete. To be honest I was hoping the land lord would take me to court because he charged 100 bucks for 2 trash bags and over 600 for 6 year old carpet, but he just sent me to a collection agency. The carpet was in a room that was 10x8.
@baugh wrote:No I have not I guess I could try a pay for delete. To be honest I was hoping the land lord would take me to court because he charged 100 bucks for 2 trash bags and over 600 for 6 year old carpet, but he just sent me to a collection agency. The carpet was in a room that was 10x8.
You should have responded back in 2008 that you found the charges unreasonable (life expectancy of carpet definitely isn't 6 years; they would have had to replace that, anyway). Unfortuately, what's done is done.
I would offer a PFD settlement, if you're out of SOL on it. They can keep updating it, but it would eventually fall off your reports ~7 yrs from DOFD (but up to 7 1/2 yrs).
......and it may still be beneficial to settle this debt, even though the reported collection may become excluded from your credit report.
Credit report exclusion will prevent others from becoming aware of the delinquent debt by way of a simply pull of your credit report, and viewing of an unpaid collection.
However, the debt will remain after CR exclusion, with other possible consequences.
The debt collector can contnue to attempt to collect the debt, and can continue to pull your CR.
You can prevent communication from they by sending a cease communication letter under FDCPA 805(c), but that wont prevent other legitimate collection activiites, such as continued pulls of your credit report. And if asked in subsequent apps for new credit for disclosure of any unpaid delinquent debt, you would be obligated to disclose it.
Getting it excluded earlier via PFD would both proivde current score improvement AND satisfy the debt.
If you have a dispute with a landlord and money is involved you can take them to small claims court to force a ruling. You would just sue the LL for $800 due at the end of renting the apartment. Check your State Statute of limitations on debt and if it still applies take the LL to small claims court.