What to do if I owe my previous landlord money and he sent a letter to my mother-in-law detailing what I owe him and his intended legal action?
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What to do if I owe my previous landlord money and he sent a letter to my mother-in-law detailing what I owe him and his intended legal action?
It doesn’t seem that I’m protected under FDCPA since he is the original creditor. Do I have any protection in this matter?
Asked on December 21, 2012 under Bankruptcy Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
That is correct: this situation is not covered under the FDCPA since this is not a debt collector (e.g. a collections agency) but rather the original creditor. That said, while it's clearly embarrasing and unwanted, what he did doesn't change his legal rights: to get the money from you, if you don't pay voluntarily, he has to sue you and win in court. Your mother in law would have no obligations or liability unless she co-signed or guaranteed your lease.
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