Legal Question in Landlord & Tenant Law in Georgia
Harassment by former apartment complex
I am being harassed by my former apartment complex to pay for damages that did not exist, which I can prove because they sent me the bills for these damages and they were dated before I even lived in the apartment. After 1 year, I decided to leave upon proper notification.
After moving, they sent me a bill though a collection service that I owed over $600.00 in various damages. They have threatened my credit standing. When I asked them to present bills showing where I would owe them such a sum. They presented the bills that show dates BEFORE I ever lived in the apartment. I wrote the apartment complex and the collection company and showed them and they say the charges still stand.
I also have correspondence regarding various problems I encountered while at the complex and I maintain a very nice home, which I can provide pictures to back me up.
I am tired of their harrassment and would like to sue them in magistrates court for $5,000. Is this the correct court to be using or how should I pursue this suit? I would like to do this before they completely ruin my credit and file suit against me (which based on the evidence they provided to me, I would win). Is this the proper step to be taking?
1 Answer from Attorneys
Re: Harassment by former apartment complex
If a third party collector is trying to collect, you can send them written notice to no longer contact you about the matter. See www.ftc.gov for the Fair Debt Collection Practices Act. I assume they have not harmed your credit. The reality is that simply sending you a bill or two, or even a collection call, is not really harassment under the law. The mere threat of a lawsuit or poor credit is also not damaging. If they make call after call in the evening, it may be different. Send the written notice to no longer contact you, and check back if they violate that, sue you, or harm your credit. Good luck.
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