Collections – Charging Interest
I am a little confused about when a collection agency can charge interest. I have an account in collections relating to move-out charges. I am disputing the charges because they are in error. The rental company turned the account over to a collection agency and they are charging 12% interest per year. In Washington State, doesn’t the rental agreement have to specifically allow them to charge interest? What about collection set up charges?
Re: Collections – Charging Interest
No, they are trying to hit you up for pre judgment interest, which is arguable; some judges allow it and some do not depending on the cirsumstances.
12% is correct.
If the issue about your move out charges has not been reduced to judgment, then you can still file suit to settle the matter.
There is not a lot of caselaw on move out damages, because mostly this happens in small claims and lawyers are not allowed there.
You can review the applicable statutes regarding taking deposits, keeping and returning deposits and under what circumstances the landlord can retain a deposit. Look for RCW 59 18 260, 270 and 280.
If they are saying you owe for routine painting, that isn’t your problem. You can only be charged for damage, not normal wear and tear.
If you left a mess it would be far more likely that they would have sued you. You don’t say there is a judgment in your landlord’s favor, he’s just sent a collector after you.
YOU do not have a contract with the collection agency such that they can charge you any additional charges. They are just trying to get additional money out of you. That’s a crock.
Go read www budhibbs dot com, and follow his links to naca dot com for a link to a lawyer near you who can help.
Elizabeth Powell
Elizabeth Powell
ELizabeth Powell PS Inc
535 Dock Street, Suite 108
Tacoma, WA 98402