Unfair Debt Collection

Do You Have Any Rights When Faced with Unfair Debt Collection Practices?

I co-signed on a lease for an apartment for my son.

After he moved out they billed him for $2700 in damage they said he caused (they wanted the carpet replaced because of a pet they said he could have.)

He filed bankruptcy and it was granted. I was not aware of the $2700 bill and it was in the bankruptcy.

I know I am still responsible since I co-signed but was not aware of the bill.

I never received a letter from the apt complex or collection agency of the debt.

The collection agency called me once and I asked for an invoice so I could send them a check, they never got back to me. (I had no info, address, etc)

They since have put it on my credit reports as a bad debt/collection. I wanted to pay it but didn't know about it.

The apartment complex had my contact info (I met with them today and they had my home/work address/phone in their records, they admitted they never tried to contact me directly).

The collection agency said they sent a letter to my son and he should have talked to me more often and they (the collection agency) are not required to notify me they are putting it on my record.

I tried to take care of it, but both were unreasonable about it.

Aren't they suppose to send me a letter and give me a chance to take care of the matters (FTC Fair Debt Collection Practices Act Chapter 5-Communications)?

Thanks

Tim

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Actually Chapter 5 of the Fair Debt Collection Practices Act is aimed more at limiting communications between the bill collector and the creditor rather than encouraging them.

I see no language in the law that would support your position.

The debt collection agency is barred from trying to collect a debt discharged in bankruptcy. So they couldn’t bother your son. It’s between you and him as to why he didn’t notify you of the debt.

I would try to work something out with the landlord. I’m sure they would rather get their money than ruin your credit. Offer to pay them if they either remove the negative item as a mistake or at least change the notation that the debt was paid as agreed.

Get it in writing before you make the payment.

The chain of events you describe is a little unclear. If you notified the creditor and/or bill collector of your willingness to pay the debt before the report was made to the credit bureaus, you might have a complaint either under your state’s law or under the Federal Fair Credit Reporting Act, since it is illegal to knowingly submit an inaccurate report to the credit reporting agencies.

If this was reported before you got involved, you should be able have a notation of your side of the dispute placed on your credit report.

If it was reported after you got involved, negotiation is your best bet.

I cannot offer legal opinions. I don’t even know where you live. If you need further help contact a consumer credit advocate, a credit counselor or an attorney knowledgeable in consumer credit issues.

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