Consumer complaint received 2023-04-28
Company: Law Office of Brett M. Borland, P.C.
State: AR
Product: Debt collection
Sub-product: Other debt
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
I and my sibling were renters in an apartment complex and failed to give our 60 days vacate notice. Our lease agreement states that we " will be responsible for an additional months rent '' ( $ XXXX per lease agreement ) if the vacate notice was not given, yet we were charged an XXXXInsufficient Notice Fee ' of {$1500.00}, which is over double the {$730.00} monthly rent. While we agreed to jointly bear the responsibility of said debt as our two names were on the lease, we were not in the financial place then to pay the amount the apartment company was asking. We mutually agreed to let the bill go to collections and we would revisit it at a later date when our finances would allow. 

During this time the collection agency, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, GA XXXX, sent the bill to the Law Office of Brett M. Borland XXXX XXXX XXXX XXXX XXXX # XXXX XXXX XXXX XXXX, GA XXXX. I contacted said Law Office twice on XX/XX/23, once shortly before XXXX XXXX and then again around XXXX. I was transferred to the same employee each time. 

During both calls, I explained that I wanted to pay my half of the total debt ( {$900.00} ) while I was on the phone and to have it taken off of my credit report. The employee stated on each call that " we don't get into personal matters '', " it's not possible to split the debt up '', and " there is no such thing as half of the debt. '' I was then told that I could pay 50 % of the total ( {$900.00} ) and the collection would be marked closed, on mine and my siblings credit reports, or I could pay 80 % ( {$1400.00} ) of the debt and it would be closed and removed, again from both mine and my siblings credit reports. 

I tried to explain that that was not fair as I would be paying at least half of the debt and the other debtor, my sibling, would not be paying anything yet would still be reaping the benefits of having the collection come off of his report. I was told " and it would work the same way if the other party was calling to pay the debt. '' I asked the employee to acknowledge the fact that " no matter who was paying the debt, it would be unfair as the other party is not paying anything and still reaping benefits. '' The employee then said " we went into a business to make money, not to be fair. '' I admit, at this point I lost my patience and asked " Then you do realize what a [ expletive ] business you work for? '' The employee began to mock saying that I can " call back when you have the {$1400.00}! '' I replied " I'll pay the {$900.00} right now. I have my debit card in my pocket, I'll pay the {$900.00} and you can just close the account. '' but the employee repeated themselves, laughed quietly, and then ended the call. 

As there are only XXXX people on this debt, I feel it is an attempt to collect money that I do not owe if I want this taken off of my credit report. I should not be made to pay 80 % of a debt to close it and have it off of my credit report if there are XXXX parties responsible for the debt.

Company response to consumer: Closed with explanation