Legal Question in Landlord & Tenant Law in California

I was not contacted by an apartment i lived 6 years ago, now they sent my past due bill to a creditor that claims i owe 2700 dollars which includes interest because they claim they contacted the other party involved, do i still owe all the interest even though they never contacted me. yet out of the blue they have my number sounds a little shady to me. if you could find my number 6 years later why could you not figure out how do find me and contact me six years ago.? so the question is what would i actually owe and if i went to small claims court like they want what kind of case would i have on my side? also on my credit report it also claims the first and only contact by this creditor was 11/6/09 and on the credit report it says i owe more than the creditor something just don't sound right


Asked on 12/29/10, 1:15 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

The Statute of Limitations may have expired on this obligation. If I were you, I would consult with a local attorney to write a letter explaining to them why they cannot collect the amounts due, and further, how reporting an expired obligation may be a violation of the laws governing reporting of items to credit bureaus.

*Due to the limitations of the LawGuru Forums, The Gibbs Law Firm, APC's (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided is general and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence. As required by 11 U.S.C. �528, we must now disclose that, "We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code. Assistance we provide with respect to Debt Relief may involve bankruptcy relief under the Bankruptcy Code."

Read more
Answered on 1/10/11, 2:31 pm

You are right to be suspicious of this. I cannot think of a landlord/tenant related debt that would still be alive six years later. And if they are trying to collect on a dead debt they may be in violation of fair debt collection laws. If you would like help with this, please give me a call. I have facilities in Sacramento.

Read more
Answered on 1/26/11, 10:37 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in California