Houston, TX asked in Collections for Texas

Q: I have a debt collection from a property place that I never resided in and application was canceled. Can I sue them?

I initially applied for an apartment and they then they changed the rental price, telling me that it was an error on their end. so I contacted them and canceled my application, months later they reached out saying I owed a "move out fee" but I never once lived there ,I contacted them again about this and was told it would be taken care of and now i have a debt collection on my credit report and the agency wont drop the claim despite me sending them evidence.

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1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: Yes. You can and should sue them for a declaratory judgment under Chapter 37 of the Texas Civil Practice and Remedies Code. While you will obviously have to pay an attorney upfront an hourly fee, you could recover such fees in a final judgment if you prevail at trial. The potential to recover your attorney fees under the Declaratory Judgments Act could lead the apartment company to settle reasonably quickly if your case is meritorious, particularly if you are willing to forego recovering attorney fees.

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