CA Collection from Apartment Complex

[jearx]

Ok, long story short.

Back in August 2009 I gave notice to my landlord of repairs that needed to be done to trash chute clogging up every other day. It was a 4 floor building and I was on first floor. the space was so limited that it filled up very fast causing smells and possible health risk. Building design flaws and if sought, building code and healthcode violations.

I mention this because in Texas, you are legally allowed to terminate a lease contract due to repairs not made within 1 month, and that cause health issues. I think trash is a health reason,and not just an inconvineience,so I gave them 30 days to repair, they didnt, I then gave them ultimatum with a 30 day notice to vacate if not fixed. They didnt, I moved out. I have all the back and forth emails with them, and proof about the issues.

They sent me a letter with the amount due in november, which I replied they were not valid, as I was allowed to terminate provided by law, and if they thought it was not valid then they should just file suit with court. They stopped sending any collection.

This month, August 2010 I get hit with a collection on Credit Reports. I have no late payments no other blemishes except this one. They did not even sue me, so for all I know this collection is not valid.

I read about 1-2 punch. but confused about some abbreviations. CMRRR & DV. I think I made out the others.


Who do I send letters first, and how much time between? Collection Agency or Credit Report Agencies? I must also say that I recently moved to california, and not in Texas anymore.

Should I include email evidence & pictures of my case to credit reporting agencies? Will this let them know that this is a legal matter and decide that a court needs to validate that this debt is legal?

Would another strategy work best for this case?

Thanks.

[chane]

No, do not send evidence to the CRAs, they are not a judge.

CMRRR - Certified Mail Return Receipt Requested
DV - Deb Validation

Send the debt validation letter to the CA first. Send your dispute letters to the CRA immediately after you receive your RRR card.

[jearx]

Ok, I got this flowchart that may help others from the internet. I am attaching.

I am wondering if I get this removed from CRA, which is my goal, can they turn around and still sue me to collect?

http://aaacreditguide.com/images/1-2punch.jpg

Thanks,

Jorge

[jearx]

They have verified with all CRA's and didnt send me validation first. They reported this in august 2010. As soon as I saw this in my CR I sent dsipute and validation request to CA which received Sept 2 2010. In the letter I included the following: I have not received any correspondence from your company regarding this alleged debt. This letter serves as initial communication. This letter was a timely dispute of this alleged debt, therefore I demand all collection activity cease immediately.

I since have received confirmation from experian that they verified debt. WHat I understand is that they had to cease collection activity and mark my reports as disputed. As well as validate with me first before doing so with the CRA's.

They didnt. Do I have something against them? I will wait till october 2 to see if they send validation. But it seems they have already messed up.

Thanks in advance for any feedback.