Legal Question in Credit and Debt Law in New York
Landlords Collecting for Property Repairs
My mother and I formerly lived in Linden Plaza located in Brooklyn, NY for almost 30 years. We moved this past July of '05 to East Stroudsburg, Pennsylvania.
On September 26th, 2005 my mother received the first and only notification from Linden Plaza Associates attorney's, Gutman, Mintz, Baker & Sonnenfeldt, P.C. for an attempt to collect a debt.
Our concern is that this filing (because it has a file number) will adversely affect my mother's credit rating. She should have received prior notification of this outstanding debt before it was taken to a collection agency.
My mother has already agreed to pay the debt of $1205.48 beginning on or before November 4th, 2005 in the amount of $100.00 per month until the debt is paid for in full. This without even receiving a statement of the repairs that were made in our former apartment and their costs.
Should this negative entry appear on my mother's credit report, what exactly are her rights and the course of action should she take?
We feel completely violated at the fact, that the courtesy of proper notification of the debt was completely bypassed considering they have our forwarding information and never bothered to contact us prior to the letter from their attorneys.
1 Answer from Attorneys
Re: Landlords Collecting for Property Repairs
It doesn't appear that the collection firm itself did anything wrong. However, that's just based on what you told me.
As to whether the landlord did anything wrong, that is a question better addressed to a New York attorney familiar with New York landlord-tenant law.
However, given that your mother has already acknowledged the debt, she may be precluded from arguing something else at this point.
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