I went thru an eviction 2 yrs ago and I owe the apartment complex $6800 (back rent and some fees). The fees supposedly incurred are inflated in my opinion. Anyway, it’s in the hands of Hunter Warfield at this time.
I sent them a settlement letter of $4100 and told them I would pay it in installments of $275 for 18 months. I didn’t hear from them so I gave them a call.
The rep over the phone told me that the only way they would accept a settlement is if the amount settled ($4100) would be paid off in 3 months, or no settlement and pay the $6800 in 12 months.
I didn’t accept either of these because I wanted to get some advice from the board about my next steps. This is a huge dent on my credit and I need it gone in the next 6-9 months. What recourse should I take?
I’m not totally sure about this… but research “legal tender law.” I think getting it off your record might be a long battle, but essentially the law is that if you offer legal tender in settlement of a debt and they refuse the money, the debt is gone. Research it and see if it helps..
If they really want the money they can get the settlement down to what ou want it to. Send them a copy of your budget and explain that the only way that you are going to be able to pay them the way that they want is if you win the lottery and there is a fat chance at that. Money is what they want and they are going to have to look at the options that YOU have available so that they can make an easy comprimise for you.
The “legal tender law” allows you to pay in CASH, in the full amount of any transaction. It says nothing about partial payments or settlements. It’s for the people who show up at a house closing with 50 coffee cans stuffed with $20 bills.
The only time a legal owner of the debt is required to accept less than the full amount of the debt IS BY A COURT ORDER. I.e. Bankruptcy