Can a business post a charge onto my credit 7years later without being able to prove how or why I owe it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a business post a charge onto my credit 7years later without being able to prove how or why I owe it?
I moved out of an apartment complex about 7years ago and was recently applying to move into another apartment complex when they ran my credit. There has never been a charge on there until 5 months. I contacted the previous apartment manager and they informed me that they have no records from that far back and that they have replace their old computer software. The manager then stated that my only option was to pay the $1,500 bill.
Asked on September 21, 2011 under Bankruptcy Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, they can't do this:
1) To begin with, it's probably too late to charge you even if they could prove the charge: how long you have to collect money is defined by the statute of limitations, or time to sue if necessary. Once the SOL has passed, they can't collect from. While you should double check with a GA attorney, I believe the relevant statutes for owing money to a landlord--either an action for breach of contract (the lease) or for damage to their property, are both less than 7 years, so they may be out of time.
2) No one can collect a debt unless you actually owe it. If they can't show how, why, and how much you owe, they can't simply take money from you.
You should contact an attorney; you may be able to sue for your money back and other damages as well.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.