Results 1 to 4 of 4
  1. #1
    Join Date
    Aug 2012
    Location
    TN
    Posts
    2

    Question Rent Sent to Collections After Landlord Dropped Eviction Lawsuit

    My question involves collection proceedings in the State of: TN

    Long story short, I had to move out of my apartment because a neighbor robbed and then tried to kill me. I hired a pro bono lawyer to help with the situation because of course the apartment complex did not want to let me out of the lease. The apartment complex filed the first step of the eviction process after they told my lawyer they would not. After my lawyer contacted them, their lawyer said it was a mistake and went to the courthouse to have it removed from the records (VOL. NON SUIT AT PLT COST). My lawyer also gave the apartment notice (on behalf of me) that I would no longer be staying there and to let me out of the lease without penalty. I'm not sure if they ever responded but I asked my lawyer if I had to pay or owe the apartment complex anything. He pointed to a specific line in the court document and told me no because they dropped it and if they did want any money the lawsuit would have been the way to do it. Never heard from the apartment complex again and the lawyer closed the case once they dropped the suit.

    It is now almost a year later and I check my credit report and they have turned me over to collections for $2300. They never even contacted me or my lawyer about any charges. Can they just turn me over to collections and they have not even attempted to contact the parties especially since we were dealing with this legally? And I don't even know what the charges are for. I'm thinking about trying to open another case but the collection agency is located in TX. I don't know if it would do any good to get another laywer in TN.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Rent Sent to Collections After Landlord Dropped Eviction Lawsuit

    If your landlord agreed to voluntarily dismiss an eviction lawsuit because you had moved out, that makes sense. There's no point in evicting somebody who is no longer in residence. If the lawsuit included a claim for money damages and the dismissal was with prejudice, then the dismissal would preclude another lawsuit over the same money damages. It is possible that the dismissal was without prejudice, meaning that another lawsuit could potentially be filed, that the lawsuit was for eviction only with any money judgment to be sought later, or that the dismissal related only to damages through that date. Your lawyer can clarify.

    Your lawyer's unilateral assertion that you should not owe rent following your breach of your lease is not binding on your former landlord. If they never agreed to that, it would explain why they are still trying to collect the rent. That's a separate issue from the lawsuit, type of dismissal, and what (if any) claims it precludes.

    You can talk to your lawyer about the situation and see whether your former landlord ever responded to his demand and, if so, what they said. If this is a collection agency you can also ask that they validate the debt.

  3. #3
    Join Date
    Aug 2012
    Location
    TN
    Posts
    2

    Default Re: Rent Sent to Collections After Landlord Dropped Eviction Lawsuit

    Thank you for your response. I looked into it further and I may have worded my question wrong by saying "eviction lawsuit." The apartment complex filed a FED (Forcible Entry and Detainer Warrant) which I never received because I no longer lived there. You can see the form here. It appears that if they were going to sue/collect the property and any money etc that would have been the time to do. However, they set aside the judgement and dismissed the case. The document setting aside/dismissing the case does not say whether it was with prejudice or not (that I can tell). It just says:

    IN THIS CAUSE it appearing to the Court from the statements of counsel for the Plaintiff that for reasons that appear good and satisfactory to the Plaintiff, the judgment should be set aside and held for naught and this cause of action should be dismissed of record.

    IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the judgment heretofore entered in this case, is set aside and held for naught, for all purposes and in all events as though said judgment had never been entered and the instant cause of action is dismissed, and the docket corrected to reflect same.
    My lawyer referred to that last part (bold) when I asked him if the apartment could later try to collect money. So, was he correct? Or is it still two separate issues? Also, could I send a copy of the dismissed judgement being set aside to the collection agency or credit reporting agency to try to have the collection removed from my credit or would that be a waste of time?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Rent Sent to Collections After Landlord Dropped Eviction Lawsuit

    If you are being advised by your lawyer, who has a lot more access to the facts and records than we will ever possess, we're not in a position to second-guess your lawyer.

    I could give you hypothetical reasons why the dismissal may not have any relevance to a claim for money you owe, but there's no point in my speculating when you say you are being advised by a lawyer who knows the actual facts.

    1. Sponsored Links
       

Similar Threads

  1. Defenses to Eviction: Eviction when Landlord Refused to Accept Rent
    By Nymphaea in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 06-23-2011, 09:22 AM
  2. Moving Out: Collections Action for Rent By Former Landlord
    By mboware in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 03-29-2010, 08:27 PM
  3. Eviction Process: Landlord Trying To Collect Rent Three Years After Eviction
    By jColmes in forum Landlord-Tenant Law
    Replies: 9
    Last Post: 09-16-2007, 01:52 PM
  4. Eviction Process: When Rent Is Paid, Will An Eviction Suit Be Dropped
    By avg-joe in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 02-22-2007, 09:45 AM
  5. Debt Collectors: Collections By Old Landlord in New York, Rent Stopped Due To Violations
    By Anonymousquestion in forum Debts and Collections
    Replies: 10
    Last Post: 02-18-2007, 08:05 PM
 
 
Sponsored Links

Legal Help, Information and Resources