Legal Question in Credit and Debt Law in Utah
can he send us to collections
A landlord we had about 4 years ago sent us to a collection agency for some debts he believes we owe him. When we had first received a notice on this acouple months after we had moved we told him he would have to take us to small claims court due to his statements being bogus. He did not contact us after till now with this letter from a collection agency. My husband called them to tell them it has not been found that we owe this money, and they told him it was already put on our credit.... Doesn't he have to have a judgement against us, or something that proves we owe???
Please help, I am at a loss!!!!!
1 Answer from Attorneys
Re: can he send us to collections
The landlord can send the matter to collection. A collection agency can file an adverse credit report without a judgment. Write the collection agency and tell them you dispute the debt and that they must provide proof of the debt. Tell them futher to make all communications in writing to you (stops the annoying calls). If there was a judgment they should send it to you. You can check the court records in the county where the apartment was located to see if there is a judgment there. You can also pull a credit report at no cost one time a year from the credit bureau.