Originally posted by
@Nathan Gesner:
I rented to a work-from-home attorney and I quickly learned why he worked from home. He was late on rent for the third time, and this is the response he sent me:
Dear Nathan:
Thank you for your recent correspondence. You have contacted me on several occasions to collect an outstanding debt you claim is owed. I am contacting you to formally request validation of the alleged debt concerning this account and to inform you that I hereby dispute the validity of this debt.
I am also requesting you provide documentation showing I am, and should be, the party responsible for paying for improvements made to the property I rent. As you recall, I spent $1,130.00 for the removal of the tree, stump, petrified wood, installation of more gravel and labor associated therewith. See attached Invoice.
Through this letter, I hereby request proof that I am indeed the party you are asking to pay this alleged debt, and for proof that there is a binding contractual obligation to pay this alleged debt. Please provide adequate validation of this alleged debt, including but not limited to documentation of:
- Complete payment history, the requirement of which has been established via Spears v. Brennan, 745 N.E. 2d 862 (Ind. Ct. App. 2001);
- The agreement bearing the signature of me, wherein I agreed to pay;
- The letter of sale or assignment from the original creditor to your company. (Agreement with your client that grants you the authority to collect on this alleged debt.) Coppola v. Arrow Financial Services, 2002 U.S. Dist. LEXIS 26788 (D. Conn. 2002) - Information relating to the purchase of a bad debt is neither proprietary nor burdensome. Debtor must clearly phrase their request to obtain: the source of a debt and the amount a bad debt buyer paid for plaintiff’s debt; how amount sought was calculated; where in issue a list of reports to credit bureaus; and documents conferring authority on third party to collect debt.
- Documentation of the creation of the debt with your collection agency.
Under FDCPA Section 809 (b), you are not allowed to pursue collection activity until the debt is validated. You should be made aware that reporting a collection account is indeed considered a collection activity. Boatley v. Diem Corp., 2004 U.S. Dist. LEXIS 5089 (D. Ariz. 2004.
Please be advised that I am enforcing my rights under the FDCPA and under Wyoming's Landlord/Tenant Act, and that this correspondence shall in no way reflect a waiver of any of the rights prescribed under either of those Acts which are not expressly asserted herein. Please cease your collection activity until I receive confirmation through the above information requested. Please also direct any future correspondence to me in writing.
Sincerely,
Ambulance chaser (name changed to protect the guilty)
Here's my response:
Dear Ambulance Chaser,
Our lease agreement allows you the use of the property at 123 Straight St in exchange for rent. That's my authority.
The landscaping improvements were requested by you and approved by the owner. You specifically told us - in writing - that you would pay for these improvements yourself. Perhaps the attached agreement signed by you will jog your memory.
I'm a simple guy and don't feel threatened by legal jargon or $5 words. Pay according to our agreement or we can finish this discussion in front of Judge Hammer. Perhaps he'll be more easily swayed by your legal gymnastics.
Best regards,
Nate
Needless to say, he paid and he stayed for another six months.
