P
PatDC
Guest
Hi,
I am a resident currently of New Jersey, but this matter (beyond a summons served to me in NJ) is from 1997 and [/b]Illinois[/b].
I was a resident of a 'student' apartment managed by a local/small apartment and property management firm that primarily deals in student apartments around the ISU campus. I had a lease for the term of 8/16/97 to 5/8/98 for the sum total of $5600 + $300 refundable deposit. The lease is signed by myself and my brother, the only residents of this apartment.
We lived there the entire term of the lease and then moved out to Bloomington IL into a new residence (standard apartment, standard lease). I was refunded the majority of my deposit which I signed over directly to the new landlord. At no point did we have any major rent issues with the student apartment - payments were broken up into 3 or 4 'chunks as I recall and everything was paid. Indeed, both myself and my brother were employed as computer consultants (contractors) for State Farm and we made a very good income, so no money issues of note during this time period of residence in that apartment.
It goes so far as I KNOW the manager of the property management firm personall, if only in passing, and even did a few short jobs on their PC systems in their office while living there. I have ran into the manager several times prior to moving to NJ, once socially, since living at their propery - never a word was spoken.
At no point prior to moving to NJ in Oct/Nov of 2001 was any attempt made by the property management firm or any debt collection agency to contact me regarding any outstanding rent. I lived at the same residence, with the same number after moving out and lived in the 'credit' world so I and my brother were easily found if so desired - in fact, I gave the old property management company my new address and phone number and used them as a reference in acquiring my new apartment. I even recieved back the balance of my deposit on that apartment which I signed over to the new landlord on my new apartment, something I can't imagine would be returned to me if I still owed nearly $1000 dollars in rent.
Apparently in march of 2001 a small legal firm was retained by the property management company and they filed a legal action in Bloomington in November of 2001. They even said on the phone they made no attempt to contact me prior to this filling.
Of course they tried to serve me, but I moved to NJ/NYC in this time frame (November 01) unaware of such goings on. The legal secretary of the small law firm indicated on the phone that they just filed a suit as requested. I have not lived in shadows, having credit and filed taxes and having no major issues here in NJ, so again I feel that I was easily 'found' if they so desired... but it took them another 3 years to do so and serve me with a summons.
The original legal paperwork and filing of the suit is from Nov of 01. The current summons is filed as of 08/06/04. I was served by a Bergen county sherrif, much to my surprise and shock.
They have NOT served my brother and co lease signor. He has been in the same residence in Bloomington for nearly five years, has served as a witness in nearly 2 dozen court cases (check fraud, theft, assault cases at the store he works at), and has himself had a minor run in with the law that resulted in a years probation... easily found and tracked I would think.
Making the above more interesting is the fact that my Father's company was actually in negotiations with this law firm to acquire or lease an office space they represent for the owner on. My brother, the one they seemingly can't find, was their point of contact for this as he was going to be one of the prime employees and managers of this new office space. They also would have been aware of me and my contact info as I was also going to contract some work with my dads company initially.
At no point after moving out of the property in question was any attempt by the management company, debt collectors, or this law firm made to contact me regarding a debt they percieve me as owing.
Problem issues:
1) The bank where I did my banking is long gone/bought out and now closed.
2) Some payments of rent would have been made in person and in cash to the management office. Receipts were of course issued, but this was nearly SEVEN years ago.
3) I don't have any financial records or anything pertaining to that apartment in my personal files. We regularly purge anything over 5 years in all regards (we being my wife and I).
4) About the only thing I may have to prove my case are the facts that I was gainfully employed and well compensated while living there (as was my brother) and the fact that I signed over the deposit refund check to my new landlord there in bloomington (as I recall). Unfortunately I have no idea of what his record keeping is like from so long ago either.
My Questions:
1) Can they even sue me so long after the end of the lease - Statute of limitations?
2) Can they sue me in IL even though I live in NJ?
3) How can I defend myself given my lack of records?
What I have done so far:
- I am sending a letter of contestation via fax (with receipt) to that firm suing me that does NOT acknowledge the debt, only that I contest it.
- I have requested via phone (all information logged) that they send me all logs of phone attempts to contact me by the management company, any debt agency they may have engaged, and the law firm. I also requested copies of reciepts of certified mail attempts to contact me (it is my understanding that before they file suit they have to have proof they tried to settle the debt first and contact me, usually by certified/tracked mail or other similar means).
- I have requested a copy of their ledger on what they show that I and my brother owe.
- I questioned, at length, why this was happening, letting them know I know the owner semi-personally, that I was easily found prior to moving, that I got my deposit check back, that I wasn't broke or hurting for money while living there, etc.
- I questioned the validity of such a claim so long after the end date of the lease.
Somehow I think this has to be a big foul up on the management companies part. It's been so long, but as I recall they had some seriously fouled up PCs and software in their office back then and at least one of them had died completely to the point that I could't repair it or recover data. It just makes no sense, they could have called or even knocked on my door (it's the typical midwest small town/city scenario), they knew where I lived, etc... not a word until last night.
My big worry is that they have dorked up books they are relying on, which I really can't disprove so long after the fact... I don't have any records at all at this point given how long ago it was.
I suppose I could pay, it's money I rather not part with (not rich, but more so I don't like being ripped off).
Comments? Suggestions? Answers? Pointers?
I am a resident currently of New Jersey, but this matter (beyond a summons served to me in NJ) is from 1997 and [/b]Illinois[/b].
I was a resident of a 'student' apartment managed by a local/small apartment and property management firm that primarily deals in student apartments around the ISU campus. I had a lease for the term of 8/16/97 to 5/8/98 for the sum total of $5600 + $300 refundable deposit. The lease is signed by myself and my brother, the only residents of this apartment.
We lived there the entire term of the lease and then moved out to Bloomington IL into a new residence (standard apartment, standard lease). I was refunded the majority of my deposit which I signed over directly to the new landlord. At no point did we have any major rent issues with the student apartment - payments were broken up into 3 or 4 'chunks as I recall and everything was paid. Indeed, both myself and my brother were employed as computer consultants (contractors) for State Farm and we made a very good income, so no money issues of note during this time period of residence in that apartment.
It goes so far as I KNOW the manager of the property management firm personall, if only in passing, and even did a few short jobs on their PC systems in their office while living there. I have ran into the manager several times prior to moving to NJ, once socially, since living at their propery - never a word was spoken.
At no point prior to moving to NJ in Oct/Nov of 2001 was any attempt made by the property management firm or any debt collection agency to contact me regarding any outstanding rent. I lived at the same residence, with the same number after moving out and lived in the 'credit' world so I and my brother were easily found if so desired - in fact, I gave the old property management company my new address and phone number and used them as a reference in acquiring my new apartment. I even recieved back the balance of my deposit on that apartment which I signed over to the new landlord on my new apartment, something I can't imagine would be returned to me if I still owed nearly $1000 dollars in rent.
Apparently in march of 2001 a small legal firm was retained by the property management company and they filed a legal action in Bloomington in November of 2001. They even said on the phone they made no attempt to contact me prior to this filling.
Of course they tried to serve me, but I moved to NJ/NYC in this time frame (November 01) unaware of such goings on. The legal secretary of the small law firm indicated on the phone that they just filed a suit as requested. I have not lived in shadows, having credit and filed taxes and having no major issues here in NJ, so again I feel that I was easily 'found' if they so desired... but it took them another 3 years to do so and serve me with a summons.
The original legal paperwork and filing of the suit is from Nov of 01. The current summons is filed as of 08/06/04. I was served by a Bergen county sherrif, much to my surprise and shock.
They have NOT served my brother and co lease signor. He has been in the same residence in Bloomington for nearly five years, has served as a witness in nearly 2 dozen court cases (check fraud, theft, assault cases at the store he works at), and has himself had a minor run in with the law that resulted in a years probation... easily found and tracked I would think.
Making the above more interesting is the fact that my Father's company was actually in negotiations with this law firm to acquire or lease an office space they represent for the owner on. My brother, the one they seemingly can't find, was their point of contact for this as he was going to be one of the prime employees and managers of this new office space. They also would have been aware of me and my contact info as I was also going to contract some work with my dads company initially.
At no point after moving out of the property in question was any attempt by the management company, debt collectors, or this law firm made to contact me regarding a debt they percieve me as owing.
Problem issues:
1) The bank where I did my banking is long gone/bought out and now closed.
2) Some payments of rent would have been made in person and in cash to the management office. Receipts were of course issued, but this was nearly SEVEN years ago.
3) I don't have any financial records or anything pertaining to that apartment in my personal files. We regularly purge anything over 5 years in all regards (we being my wife and I).
4) About the only thing I may have to prove my case are the facts that I was gainfully employed and well compensated while living there (as was my brother) and the fact that I signed over the deposit refund check to my new landlord there in bloomington (as I recall). Unfortunately I have no idea of what his record keeping is like from so long ago either.
My Questions:
1) Can they even sue me so long after the end of the lease - Statute of limitations?
2) Can they sue me in IL even though I live in NJ?
3) How can I defend myself given my lack of records?
What I have done so far:
- I am sending a letter of contestation via fax (with receipt) to that firm suing me that does NOT acknowledge the debt, only that I contest it.
- I have requested via phone (all information logged) that they send me all logs of phone attempts to contact me by the management company, any debt agency they may have engaged, and the law firm. I also requested copies of reciepts of certified mail attempts to contact me (it is my understanding that before they file suit they have to have proof they tried to settle the debt first and contact me, usually by certified/tracked mail or other similar means).
- I have requested a copy of their ledger on what they show that I and my brother owe.
- I questioned, at length, why this was happening, letting them know I know the owner semi-personally, that I was easily found prior to moving, that I got my deposit check back, that I wasn't broke or hurting for money while living there, etc.
- I questioned the validity of such a claim so long after the end date of the lease.
Somehow I think this has to be a big foul up on the management companies part. It's been so long, but as I recall they had some seriously fouled up PCs and software in their office back then and at least one of them had died completely to the point that I could't repair it or recover data. It just makes no sense, they could have called or even knocked on my door (it's the typical midwest small town/city scenario), they knew where I lived, etc... not a word until last night.
My big worry is that they have dorked up books they are relying on, which I really can't disprove so long after the fact... I don't have any records at all at this point given how long ago it was.
I suppose I could pay, it's money I rather not part with (not rich, but more so I don't like being ripped off).
Comments? Suggestions? Answers? Pointers?
