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SOL would start, or possibly some short period afterwards (ie. 30 days), when a payment due was missed, then the balance never brought current (ie. stopped paying rent and/or moved out before end of the lease).
Freezing your reports likely won't stop creditors / debt collectors from reporting, and if anything, could cause complications. Not saying you shouldn't freeze, but think it through to be sure it's appropriate for your current personal situation - search the forums for issues relating to freezing. Ie. changing insurance coverage / carriers, opening a new bank account, using various IRS and SSA on-line services, etc.
Were you ever sued for this debt? Don't rely on credit reports for that info, since not all lawsuits show up. If unsure, check at the local courthouse for any pending suits / judgements.
If the reason for the debt is you broke the lease, and you are sued (given the time elapsed, it's possible you won't be), find out if the apartment was rented out again right away or was it vacant to end of the lease. This won't get you out of paying, but may be useful in negotiating a lower settlement prior to court / getting a lower judgement. However, it may be best to do nothing for now until forced to - don't give the creditor / debt collector any ideas that you're planning on a lawsuit, because that may become a self-fulfilling prophecy.
Personally, if it was me, I wouldn't respond at all (screen calls; hang up immediately; send no DVs; not apply for any loans of any kind) - leave the matter be and wait out the SOL. There's a possibility of a lawsuit being filed just prior to end of SOL. Odds are slight, but occurs frequently enough that the risk can't be ignored.
Do I jsut call the apartment complex to see if the apartment was rented out? I did break the lease, 4 months prior to the renewal. I want to take care of this SOL runs out next year. SHould I hire someone to take care of this?
If possible, see if you can obtain a copy of the lease to see what are the ramificaitons for breaking the lease. 8k or 10k seems a little high if you only had 4 months left on the lease. I agree with the previous posters, DV the collection company to see if they even have authority to collect on this debt and their interest is outrageous on a debt that has a static amount.
@Anonymous wrote:Do I jsut call the apartment complex to see if the apartment was rented out? I did break the lease, 4 months prior to the renewal. I want to take care of this SOL runs out next year. SHould I hire someone to take care of this?
I broke a lease 2 months before renewal and in my contract it stated that if I broke the lease I would have to pay back any discounts (what I paid vs market value) and an early termination fee. All in all it was almost $3k and at the time my rent was about $500/mo but market value was almost 700-800. So it is possible.
@Anonymous wrote:Do I jsut call the apartment complex to see if the apartment was rented out? I did break the lease, 4 months prior to the renewal. I want to take care of this SOL runs out next year. SHould I hire someone to take care of this?
Well, SOL puts a little different light on it. I would just keep your head down and do not respond at all to them, don't take calls and do not DV them. SOL would begin from 30 days after you moved out, and not from any reported "date of last activity". Pull your reports from annualcreditreport.com and see if this agency has soft pulled your reports.
OP your going to pay 8-10k to get something paid in full when it's about to roll off? Why? Just wait till it roll off8-10k is a lot of cash. If your worry about your credit you can use that 10k and get some secured card and you will be ok
Falling off (becoming excluded) from one's credit report does not discharge the debt.
There are still reasons to pay the debt even after credit report exclusion or expiration of SOL, such as future creditor requirments to satisfay any unpaid, delinquent debt as a pre-condition for any approval of new credit.
@Anonymous wrote:Do I jsut call the apartment complex to see if the apartment was rented out? I did break the lease, 4 months prior to the renewal. I want to take care of this SOL runs out next year. SHould I hire someone to take care of this?
When my wife moved in with me she broke her lease early and they dinged her for a 2300$ collections. I called the collector and told them that the original contract was broken by the complex due to them not creating the environment neccessary to give my wife the feeling of "peaceful possession" which falls under tennets rights
excerpt from florida bar...
"A tenant is entitled to the right of private, peaceful possession of the dwelling. Once rented, the dwelling is the tenant's to lawfully use. The landlord may enter the dwelling only in order to inspect the premises or to make necessary or agreed repairs, but then only if he or she first gives the tenant reasonable notice and comes at a convenient time. If an emergency exists, the requirement for notice may be shortened or waived.
The landlord is required to rent a dwelling that is fit to be lived in. It must have working plumbing, hot water and heating, be structurally sound and have reasonable security, including working and locking doors and windows, and it must be free of pests. The landlord must also comply with local health, building and safety codes. If the landlord has to make repairs to make the dwelling fit to live in, the landlord must pay."
I simply said they never fixed broken locks and windows and the cops were constantly called and they created an unsafe living condition which broke the contract meaning the debt doesnt exist. And due to the landlords neglect we had the right to withhold rent. They dropped it instantly.. I tried disputing it everyway before nothing worked until I tried this.
Will the smell of marijuana under tennant rights? The neighbor below smoked all the time and it was coming through the vents. I had complained countless times to management being that id come home and smell it, sleep smell, and at the time my children were small.
So I pulled my reports from annual as susggested and there are no soft inquiries from this CA. Im wondering what it is that they are charging me for. Would it be wise to call the OC and ask for a break down of fees?