What to do if I’ve attempted to make payments on a debtbut my creditorhas returnedthem stating they are not for enough money?

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What to do if I’ve attempted to make payments on a debtbut my creditorhas returnedthem stating they are not for enough money?

When I moved out of my apartment, the leasing agent withheld my security deposit and sent me bill. I have attempted to send them a payment that I can afford. Each time they return my payment with letter that I need to send them a larger payment. I have continued to send the affordable payment and they keep returning it (the last one didn’t include a letter or explanation.) Now I am getting a letter from their attorney threatening legal action. What course of action can I take at this point?

Asked on February 5, 2011 under Bankruptcy Law, Ohio

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You might have no option here other than to wait until they sue you and you get before a judge to explain that you have attempted to pay the debt but it has been refused.   May I ask, though, what did they withhold the security deposit for?  I might try this but run it past an attorney in your area to be sure it is ok to do: make sure that the security deposit was withheld correctly.  Every state has laws that apply to its return and the reasons that it may be withheld.  If the landlord or their agent did not follow the law, then start an action for return and pay the funds in to court that you have already paid.  This will get the issue before the courts and get the matter  there on your terms.  They will countersue but you can show the court that you have made a good failth attempt to settle and it has been rejected.  You will look better.  Good luck. 


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