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? asked in Politics & GovernmentLaw & Ethics · 3 years ago

How do I file an injunction, to prevent apt complex from sending a debt to collections without resolving the dispute?

Ok, so the apt complex wants over 600 for painting. I am disputing the charges, but thy said they would send it collections. I don't want it to go to collections and screw up my credit. Would I be granted an injunction against them?

Update:

WE lived in the apartment for over 4 yrs.

Update 2:

its in ft worth, Texas. we were good tenants and paid on time, gave plenty of notice when moving out. We feel blindsided by this painting cost

7 Answers

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  • 3 years ago
    Favorite Answer

    Tell the collection agency in writing that you dispute the debt and they are legally obligated to stop collection efforts, and cannot report the account as delinquent to a credit reporting agency. This does not take away the possibility of you being sued, but you shouldn't be intimidated by a collection agency in these circumstances. As far as you are concerned, you owe nothing, so pay nothing until a judge says you must.

  • 3 years ago

    If you feel the cost is unjustified tell them the fee is unreasonable and unjustified. Also tell them you will pay the fee under protest but intend to sue for the return of the unreasonable fee. In that case take them to small claims court. Be sure to get a lot of photos of the current condition of the apartment before they paint to respond to a possible claim that you created damage beyond normal wear and tear. A judge will then determine if the fee was reasonable because under normal wear and tear conditions tenants are not usually required to pay for paint. If you have lived there 5 years or more normal wear and tear might justify new paint but not at your expense.

  • D50
    Lv 6
    3 years ago

    Didn't they collect a deposit from you? That's usual and then they try to withhold repaying the deposit - you have to sue them to get it. Talk to tenants rights people. There are groups like that in every sizable city.

  • 3 years ago

    They can't charge you if it's due to wear and tear so there must be more to this. I suggest that your review the statutes; http://www.statutes.legis.state.tx.us/Docs/PR/htm/...

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  • 3 years ago

    You don't. They aren't obligated to do so unless you take them to court.

  • Anonymous
    3 years ago

    You don't want an injunction. Is there a court order that says you owe it?

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    Contact a tenants rights group in your area or state.

  • Anonymous
    3 years ago

    the 1st thing you MUST do is read the landlord/tenant laws for where you live !! normally the unit is painted only after a tenant vacates it and a new tenant is to move in................you don't state how long you have been there and so on, so you need to read the laws asap

    Source(s): former apt mgr
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