[vtperez]

Hello! I live in Upstate NY.

When leaving my apt last year, I used my security deposit as my last months rent. I received a notice from the landlord stating I owe $550 in "cleaning and painting fees" which I know are prefabricated. The amount was sent to a collection agency, I sent a letter disputing the debt. Can the collection agency put a mark on my credit report without a judgement against me?

Cheers!

[aaron]

The collection agency can report that it has received from your landlord the claim of the unsatisfied debt. It is liikely responsible on the basis of your report to verify the debt with your former landlord.

You may wish to dispute the debt directly with your former landlord. False reports of debts made to a collection agency may constitute the basis of a claim for defamation of character.

[vtperez]

One thing I forgot to mention... Can the collection agency place a complaint with the credit bureaus without having my SSN? AND if they do place a note with the credit bureaus, must they list that I have disputed the debt?

[aaron]

One thing I forgot to mention... Can the collection agency place a complaint with the credit bureaus without having my SSN?

Yes, although it does diminish to at least some degree the ability of the credit bureau to associate the debt with your file. (They will probably make an association based upon other known information reflected in your file, such as your address history.)

AND if they do place a note with the credit bureaus, must they list that I have disputed the debt?

They should indicate that the debt is under investigation, while the investigation is pending. If the investigation does not resolve the dispute, you may submit a brief statement explaining your position which should subsequently be included in your file as long as the negative credit information remains in place. You will likely be instructed to limit any such statement to 100 words or less.

[vtperez]

my issue is that even though i sent in the dispute letter, the collections agency made it seem as though it did not matter what i had written, that it would always consider the debt valid - they do make a commission of any money received., so why wouldnt they assume the debt to be valid?

[GreatGadsby]

if they dont report it as disputed to your credit report, it is a violation of USC 623(a), part of the Fair Credit Reporting Act, which requires them to place a notice of dispute on your CR within 5 days of receiving your dispute notice. Unfortunately, 623(a) is only enforceable by the feds and state officials. you can try to use 623(b) which says they must report 'complete and accurate' info after investigating, as cause for legal action. I suggest going to the Credit Info Center forums.

just my 2¢

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