Chester, VA asked in Civil Litigation, Collections, Landlord - Tenant and Small Claims for Virginia

Q: Landlord sent charges to a collections agency while disputing the original charges. Can it still be reported to credit?

We moved out, documented the condition in photos, videos and receipts of cleaning/replacements. We received an itemized list of damages on day 47 but postmarked on day 45. They kept our security deposit and say we still owe 877. One of the damages they listed was for something we have photos/videos/receipts that we left as brand new (replaced). We called and told we can dispute their charges within 10 days. We did (in writing) they confirmed they received it. 50 days later we got a letter saying they were going to send to collections so we called again and they admitted they never looked at our dispute. They said they would get back to us, then on the day they were to send it to collections we got a call saying yeah we closed that dispute won't tell you anything else it's going to collections. In collections it includes lawyer fees. We are suing them in small claims for our SD back. What happens with the debt collectors at this point can they still come after us, or report to credit

1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
Answered
  • Landlord Tenant Lawyer
  • Alexandria, VA
  • Licensed in Virginia

A: Even though you are bringing a claim for your SD in small claims court, the landlord has the right to bring a separate claim for the alleged damages. If the landord brings its claim in small claims court, you may be able to have both claims consolidated and heard at the same time. You can notify the Judge and see what he says.

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