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Question By
SorryISigned

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Rental guarantor still binding in Texas after contract terms changed and no notice?
I signed and faxed a blank Guarantor letter to an apartment for my daughter, unknowing another person would be on the lease. The apartment also got a Guarantor letter from a second person, also unknown to me. 2 years later my daughter signed a new lease with a higher rent and I was not notified. Is my letter of Guarantor still binding? Also, the debt company handling this mailed out paperwork to the other tenant involved with my SS# DOB, and TDL visible while whiting out that info of other people on the forms, is that legal? The debt collector will not provide me a copy of the original lease either. And the letter of Guarantor copy they sent me is still blank, it doesnt even indicate who I am Guaranteeing nor when it starts. Any help? I cant afford an expensive lawyer, nor the 2000.00 they want.

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Top Contributor
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Start with a Validation letter.

Helpful to 1 out of 1 people

I assume this is on your credit report.  If so the letter will require them, by law, to provide copies of the all signed original contracts. If they can't or won't provide them then the debt will be removed from your credit report.  Google "Validation Letter" for a template and more info on how they work.  

As far as the changes to the lease when your daughter signed a new lease, if it was with the same landlord, then there would not have been any notification. The original would still be in effect.  It would have been your daughters responsiblity to notify you.  

Remember to deal with them only by mail, never by phone. You want a papertrail.  Also, handwrite your letters, son't send typed form letters, these are often tossed out as frivolous. a handwritten letter gets human eyes on it. 

Good luck 

Top Contributor

Reply by
JohnnyRain127

1082 Contributions
681 People Helped

What "law" are you referring to? You been saying about debt validation just about every posts, somehow you think it's some kinda of magic dust that you can sprinkle onto your debt and it would just disappear... Unfortunately, unless you send debt validation letter with-in 30 days of dunning notice, the notice CA have to send to Consumers with-in 5 days of initial contact, after that? the collection agency are not legally to respond and doesn't prevent them from collecting. Other thing is what constituted sufficient verification, again unfortunately, it isn't copy of the original signed contract/documents... Here are some of the "court" rulings on what constitutes verification...

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In the Third Circuit, the court articulated this standard: “computer printouts which confirmed amounts of debts, the services provided, and the dates on which the debts were incurred constituted sufficient verification” (Graziano v. Harrison, 950 F.2d 107, 113 (3d Cir. 1991)

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The Fourth Circuit uses a much lower standard: “[v]erification only requires a debt collector to confirm with his client that a particular amount is actually being claimed, not to vouch for the validity of the underlying debt” (Chaudhry v. Gallerizzo, 174 F.3d 394 (4th Cir. 1999))

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The Eleventh Circuit sets the bar even lower: “verification of a debt involves nothing more than the debt collector confirming in writing that the amount being demanded is what the creditor is claiming is owed; the debt collector is not required to keep detailed files of the alleged debt” (Azar v. Hayter, 874 F.Supp. 1314, 1317 (N.D. Fla.), aff’d, 66 F.3d 342 (11th Cir. 1995), cert. denied, 516 U.S. 1048 (1996))

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Here is FDCPA Section 809(a), about the dunning notice...

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“Within five days after the initial communication with a consumer in connection with the collection of any debt, a debt collector shall, unless the following information is contained in the initial communication or the consumer has paid the debt, send the consumer a written notice containing 

    1. “the amount of the debt;

    2. “the name of the creditor to whom the debt is owed;

    3. “a statement that unless the consumer, within thirty days after receipt of the notice, disputes the validity of the debt, or any portion thereof, the debt will be assumed to be valid by the debt collector;

    4. “a statement that if the consumer notifies the debt collector in writing within the thirty-day period that the debt, or any portion thereof, is disputed, the debt collector will obtain verification of the debt or a copy of a judgment against the consumer and a copy of such verification or judgment will be mailed to the consumer by the debt collector; and

    5. “a statement that, upon the consumer’s written request within the thirty-day period, the debt collector will provide the consumer with the name and address of the original creditor, if different from the current creditor.”

Reply by
SorryISigned

2 Contributions
0 People Helped

I will look into the validation as they refuse to provide me with copies of the original lease, only the renewal, stating they do not have to. I was under the impression from researching the matter, that if the terms of the contract had not changed and only had been an extention, then that would have kept my guarantor intact, but by changing the amount of the rent it had changed the terms of the contract and voided the guarantor. I read this was to prevent guarantors from becoming  unknowingly liable for extremely elevated rental prices, such as I agree to be leable for 500 a month but they raise it to 1500 without my knowing.

And what are your thoughts on them sharing my sensitive information?..Any privacy rights violation with that?

Thanks for the help.

Top Contributor
6053 Contributions
1312 People Helped

You need to consult with a FDCPA law firm that is licensed to practice in your state. FDCPA stands for "fair debt collection practices act". It sounds to me that the debt collector you are dealing with is violating this. Many FDCPA law firms will provide you a free consultation and will not charge you anything out of pocket. They will take their money after the case is either settled or won in court. Of course, the law firm will get most of the money and give you a small amount, but it can be the best way to get this behind you. Do some reading on the FDCPA and FDCPA lawsuits to learn more.

Reply by
SorryISigned

2 Contributions
0 People Helped

Trying, I have read them, but they make no mention of how to react when they share your personal info with people, it leaves me open for ID theft, and if they have done it with me, what about others?

Top Contributor
6053 Contributions
1312 People Helped

There is probably not much you can do about them sharing your info and putting you at risk, at least until actual damages occur from it. I read up on this before and you cannot hold a company liable for giving out your important info until something bad actually occurs. I was in shoes similar to yours a couple years ago with a company sending all my important info to others and I couldn't take action against them because nothing bad occured yet. I think they need to reform these laws and hold companies accountable for their carelessness. As I already said, contact an FDCPA lawyer and see what they have to say. It is important that you make the call, they cannot help you if you are unwilling to contact them.

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