Legal Question in Real Estate Law in Utah

Sent to collections wihtout due notice?? Utah Statues?

Hello,

We are currently in collections from a local apartment complex. The situation is as follows. We gave 90 days notice with new address, cell phone number etc; They were supposed to send us our final bill, if any. We cleaned the apartment beyond any reasonable expectations so, if anything, expected a refund of our deposit; so were not unduly concerned when some time passed. We forwarded our mail to our new house, however the post office does not guarantee that all mail will be forwarded. They (the apartment complex) apparently sent the final statement to the apartment address counting on this forwarding. We never received it. They immediately sent us to collections, but it took the collections agency 3 months to find us. The complex didn't bother to give them our new information, nor did they bother to try and contact us using that information. As far as I can tell they broke a few local statues that say I not only don't have to pay them, but they are liable to remove the mark from my credit etc? Any answers on this? Anyone willing to give me a ''free'' consultation? I'm a very educated individual and capable of my own research but I don�t want to make any uninformed decisions.

Thank you!

Jeremy


Asked on 11/15/02, 8:59 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Sent to collections wihtout due notice?? Utah Statues?

Your lease agreement sets for the terms for notice and payment of any deficiencies. Begin with reading it very carefully. Demand in writing a detailed statement from the collection agency as proof of your debt. Then contact the landlord and explain what happened, try to get them to work it out with you. If they are unwilling, then try to work with the collection agency - then can remove the credit ding as a condition of payment (if you actually owe them). Your last shot is to either sue them or wait for them to sue you and take it before a judge.

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Answered on 11/15/02, 11:05 pm


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