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Can the apt complex send you to collections if you formally dispute the charges?

we moved out and they are trying to charge us 600 bucks for painting....so I disputed the charges, but they just ignore it and said they are sending us to collections.

14 Answers

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  • 3 years ago
    Favorite Answer

    You disputed the charge of paying for the paint through your landlord or property manager. Apparently your landlord or property denied your dispute.

    Since your dispute was denied, your former property manager or landlord decided to dispose of the debt by

    #1. Selling your debt to a debt collector

    #2. Hiring a collection agency to collect the debt on their behalf.

    You have a few options in this situation.

    #1. You may decide to make a deal with the collection agency and see if you are able to pay less than they are requesting.

    #2. Refuse to pay this debt. Based on your state laws, this debt would be removed from your credit report in 2-4 years, as this is an unsecured debt. If this is the options you select, you can expect many calls from the collection agency requesting payment of this debt. This debt might not ever be listed on your credit report. You would have to check your credit report periodically to see if this debt appear on your credit report.

    I hope this has been of some benefit to you, good luck.

    "FIGHT ON"

  • 3 years ago

    You dispute it in court, in front of a judge. They cannot just send something to collections. You send them a letter telling them you want your day in court, and if they damage your credit by bypassing the legal system and sending something to collections without first getting a court judgment, then you will sue them for that. Then, sue them over the disputed charge.

    Of course, if you lose, you'll pay your court costs and theirs, and you'll have to pay the charge, and if you don't, then your credit will be damaged.

  • 3 years ago

    Yup, pretty standard procedure.

  • Dan B
    Lv 7
    3 years ago

    The normal process is for the LL to take you to court (usually small claims) and sue for damages. Is the painting for actual damages? They can send it to collections but they won't get the full $600. The collection people will take a 30%-50% cut. Did the LL follow the law and give you notice about the charge in a timely manner. If they wait too long, they lose the legal right to withhold from your deposit or sue you.

    Simply painting to "refresh" the walls doesn't fall under damages.

    For everyone and future reference: Take date/time stamped pictures of EVERYTHING inside and out. Inside of closets, cupboards, appliances. Take pictures of walls, flooring, ceilings, storage areas. Do this at move in and move out. You'd be suprised how a small nail hole will expand into a Grand Canyon depression. Fair wear and tear is not damages. Those costs are part of your rent payment.

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  • 3 years ago

    Of course they can.

  • 3 years ago

    You likely agreed to that in your original lease. Talk to them and have them show you where they are legally allowed to make up charges and send someone to collections. Maybe come up with some charges for them and tell them you're sending them to collections (not just the apartment but the person you talked to personally.) Yes, it's stupid, but maybe you'll get them to explain their actions.

  • R P
    Lv 7
    3 years ago

    Yes they can.

  • Maxi
    Lv 7
    3 years ago

    Landlord/tenant issues they would have to take you to court to prove you owe the money and the court would decide

  • 3 years ago

    Yes, they can. They likely reviewed your dispute and felt strong in their convictions that you are responsible for the repainting.

    Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
  • 3 years ago

    They can send you to collections.

    Once it's in collections, you will have 60 days to dispute the charges again.

    Just tell them that you are disputing the charges and you request that they take you to small claims court to resolve the issue.

    If you have proof that the painting does not need to be done, go this route.

    if you don't have proof, don't follow my advice = pay the $600 and start taking pictures on move in and move out.

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