Legal Question in Credit and Debt Law in Washington
Collections
Can an original creditor combine a judgment for eviction and move-out charges and put it all on the move-out form as one issue? I paid $260 plus had a security deposit of $400. That would have satisfied the judgment but they added move-out charges and its one balance now. The remaining balance is $525 but should be $480 since they made a billing mistake. I am disputing the move-out charges. They added interest to the $525 so now my debt is $817? I see nothing on the judgment or rental agreement that allows this. The collection agency is indicating WA Statue 19.52.020. I had asked the collection agency based on what document they are charging interest but they said they don’t have to tell me anymore. I sent the collection agency the correct billing information but they never got it. They received all other correspondence but the one proving them wrong and the documentation was not returned to my address. They are damaging my credit and I need a course of action, if available? Can they decide how my security deposit is to be applied? The judgment came 30 days prior to the move-out. The original creditor won’t speak to me or give me a satisfaction of judgment.
1 Answer from Attorneys
Re: Collections
Use avvo.com ( a v v o) to find a local attorney who handles collection matters for debtors or an attorney who does landlord/tenant for tenants or even one who handles consumer matters.
RCW 19.52.020 is not the relevant statute, it is about interest rates. WA allows 12% simple interest on judgments, but whether or not the debt is liquidated is clearly in dispute (so as to allow pre-judgment interest to accrue).
I can't tell from your facts what the landlord is entitled to. It depends on what your contract says the deposit is for, and what the move out results were.
You can take them to small claims if they failed to handle your deposit properly. Read RCW 59.18.260, .270 and .280 all the way through.
Whatever communications you have with the collection company should be in writing and sent certified return receipt requested. Just so you can prove what you said to them if asked by a court.
Hope this helps. Elizabeth Powell
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