Columbia, MO asked in Small Claims for Missouri

Q: How do I get a delinquent account off of my credit?

We purchased a home in April of 2020. Our lease with Lake Broadway townhomes in Columbia MO was not set to expire until the end of July 2020. We moved out with 3 months notice to our leasing office and returned the keys at the beginning of May. They sent us to collections for our rent for June & July. Before we purchased our home, our realtor assured us again and again that they could not send us to collections for that amount without first taking us to small claims court and if it came to that, he would represent us to court and get them to waive the rest of our rent. They didn’t take us to court and now my credit is reflecting the past due amount. I expressed numerous times before purchasing a home that we could not afford the rest of the rent and a mortgage at the same time. Our realtor again assured that the past due would not affect us but it has. Our realtor insisted the letters about collections we received were just “scare tactics” and that we should ignore them. What do we do?

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
PREMIUM
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: Unless your real estate agent is an attorney, you shouldn't take legal advice from him. In fact, if he is giving you legal advice he's arguably engaging in the "unlawful practice of law" or "doing law business," each of which can be a misdemeanor under Missouri law.

I don't think you understand how collection agency works. A collection agency can try to collect from you either before or after a judgment.

If you are truly concerned and want to better understand your rights, schedule a consultation with an attorney even if it costs you a little money.

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