Bills Withheld From Old House Overdue

[purplefdu]

So the old landlord's son forgot to allow us to see/pay two bills for a tank of Propane. He calls today threatening to call DH's employer about the debt as if we ignored it for the past three months just to spite him. Needless to say I have no idea where we will get $300-400 to pay him back since I still have not found work, even on a part time basis.

Any thoughts on what I can do to keep him from affecting DH's job with a security company that handles expensive properties? He wants his money NOW and doesn't seem willing to wait even though we've never not paid his bills and his son has left them unpaid for four months requiring me to offset the rent to cover his half...:sad:

[Mothernature]

He can not contact your husbands employer to collect a debt (Fair Debt Collection Practices Act - Wikipedia, the free encyclopedia). It is against the law under the FDCPA. Write a letter to your old landlord immediately (certified) stating that you do not want contact at your husbands employer.

The landlord must take you to small claims court and win. The judge can require a lien against your husbands paycheck. I doubt this would happen.

I would work out a payment plan. Tell him you can not produce $300 you do not have nor aware you owed.

[jonjaktez]

Is the bill in the son's name or your name?

[jonjaktez]

Mothernature got to the point quicker. I was gonna ask who's name the bill was in and go from there.

You have right's against the landlord and his son. Make sure they follow them. I would also suggest that you send the letter to the son also along with the copy of the laws.

[moxi]

The pp is absolutely right. I think I would include your proposed payment plan in that certified letter to show good faith(just in case it does go to small claims). I have rental properties, I would be THRILLED if past tenants would at least try to pay me back! Even in little amounts. Try your best and don't let them harass you.

[gcooper]

I agree with what mothernature said. Also, was it in your lease agreement that you pay the propane if it was not in your name? Cause if it was not in the lease the landlord may not have a leg to stand on. goodluck

[Mothernature]

One last piece of advice. Make sure you pay via check. If you pay via cash, do not walk away without a receipt stating what you paid, the amount, the date, a signature, and a printed name under the signature. You must do this every time you make a payment.

[Mothernature]

I also advice you to only pay the original bill, not the fees. If the bill is in the old landlord or sons name, he can not reasonably charge you fees for a bill you never saw. The address is important because it establishes who received the bill.

If this were to go to small claims court with the landlords address on the bills, it is the old landlords responsibility to prove to the court you received the bills during the 4 months the bill(s) went unpaid. The old landlord is not able to establish this occurred; you never saw the bills. I would not back down on this.

Sorry, I wish the edit function was available.

[Clipper]

I let that man know in no uncertain terms that if he even so much as picks up the phone and starts to dial your husband's work that you'll sue his a$$ so fast his head will explode...and you will WIN! And he'll be owing you money instead. So now that you know about the debt you'll make arrangements to pay for that which you are responsible.

[purplefdu]

Is the bill in the son's name or your name?

they are in the landlord's name so he can keep his redecency and his boat mooring...another long illegal issue which is why we had to move ASAP

He can not contact your husbands employer to collect a debt (Fair Debt Collection Practices Act - Wikipedia, the free encyclopedia). It is against the law under the FDCPA. Write a letter to your old landlord immediately (certified) stating that you do not want contact at your husbands employer.
.

The problem with this is he NEVER checks the mail. The certified letter from the town sat in the PO for almost a month before he picked it up.

I just feel like I'm never going to be able to convince him to leave us alone as we're having issues finding time to pick up the last few (big) items from the house as well as get my car towed to my parents' house. I have nightmares about this guy.:sad:

I'm hoping my parents will possibly be able to let us borrow the cash and then I can write him a check (I know better than to give him cash, we had enough issues getting receipts for our rent payments), drop it off in the mailbox and grab the last of the stuff in the house. Of course he calls the week I have a job fair and other job related stuff to drive all over for and when its in the single digits. I wasn't sure that the fair debt collection act applied to personal debts and not a collection agency. Thanks for the tip.