Legal Question in Credit and Debt Law in California

Can you be reported to the credit bureaus for not paying cleaning move out fees?

I recently moved out of an apartment complex August 30, 2005 in California.. the leasing company wanted to charge me $1,400.00 in cleaning fees (carpet replaced, new paint on the walls, etc..) which I found absolutely absurd since the damages were not that severe at all and I told them I would not pay. They said ok than it will just go on your credit report and I said ok than I will fight it with the credit bureaus after I notice it on there.

It is now February 13, 2006 ..5 and a half months later and I do not have any negatives/collections/liens/debt/etc on my credit report from the leasing company. I also have never been contacted by the company or received any mail from them reguarding paying the cleaning fees.

Does this mean they never filed the debt and I'm ok? Can this be considered debt since its not actual credit? Can this be reported to collections or fall under a delinquency? Does it really take 6 months or longer for it to show up on my credit report? Any information reguarding this would be greatly appreciated.

Thanks.


Asked on 2/13/06, 10:55 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Can you be reported to the credit bureaus for not paying cleaning move out fees?

Note of Clarification: Creditors under the FDCRA

can report to credit reporting agencies other allegedly delinquent accounts for which they have not obtained valid judgments against the alleged nonpayor. However these kinds of reports

(parking tickets for example)are subject to credibilty challenges and doubts in ways which defaulted debts resulting in valid court judgments are not. I would submit that a landlord's report to a credit reporting agency regarding a tenant who had allegely failed to pay for cleaning, absent a court judgment, would fall into the category of the former and would therefore be unlikely to carry much weight with creditors in evaluating the subject person's overall credit worthiness.

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Answered on 2/14/06, 11:47 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Can you be reported to the credit bureaus for not paying cleaning move out fees?

It cannot be reported to the credit bureau as a defaulted debt on your part until a valid judgment has been obtained against you by the leasing company which you subsequently have failed to pay.

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Answered on 2/13/06, 2:39 pm


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