Consumer complaint received 2025-02-25 00:00:00
Product: Debt collection — Rental debt
Issue: Attempts to collect debt not owed — Debt was already discharged in bankruptcy and is no longer owed
Company: ProCollect, Inc.
State: TN

Complaint narrative:
First, a fraudulent debt was created. ProCollect states that they had the debt and n XX/XX/XXXX. In the email front m XXXX XXXX, she states we wait XXXX more baths than go to collections. 

XXXX XXXX, the landlord who noted her own policy and submitted a debt for XXXX on XX/XX/XXXX. We moved in XX/XX/XXXX. XXXX was a contractor cession free month. A payment for XXXX was made covering the whole m the month of XXXX. 

By doing this, XXXX XXXX made this a deliberate action to cause harm. See attached XXXX  XXXX  showing XXXX XXXX sent this debt on XX/XX/XXXX when we had paid through XXXX. She deliberately ignored XXXX XXXX policy of waiting 6 months. 

Their attorney stated that we moved into the apartment in XX/XX/XXXX. He stated we were there XXXX weeks and overstayed XXXX weeks not paying rent. He also stated we moved out on XX/XX/XXXX. The only thing that did occur was XXXX XXXX reporting this debt to ProCollect. 

So, this is not a valid debt if there are different dates of the debt submission. This is based on fraud. 

In XX/XX/XXXX, this debt was discharged through a XXXX  XXXX XXXX Their attorney stated that they had deleted the debt which they did not. A demand letter was sent to ProCollect to cease all collection activities for a discharged debt around nd XX/XX/XXXX. It clearly stated what needed to be done. Today their attorney stated ProCollect did not commit a bk discharge injunction violation. 
The rental report clearly shows something else. The rental report was used by XXXX XXXX with XXXX XXXX and ProColllect is actively pursuing this. 

Their attorney refused to correct this matter which shows intent to harm making this deliberate since he stated we deleted this debt. I have been denied auto financing because of their reporting. I was denied a job with the XXXX  in another State. I can not get a job because this is being actively reported so I can not rent. So this keeps me from having a job. Everything is documented From : XXXX XXXX XXXX Sent : Friday, XX/XX/XXXX XXXX XXXX  To : XXXX XXXX Subject : New submission from Contact Form XXXX XXXX, I received the email below regarding your final account statement from our community XXXX  XXXX. After a thorough review of the resident file, lease agreement, and final account statement, the charges for your move out have been verified and are correct. Per your signed lease agreement, a 60-day written notice is required, a termination fee of two months rent, and payback of any concessions that were given are owed at move out when terminating your lease agreement early. Our records indicate that a written 60-day notice was not provided to the community. Therefore, an insufficient notice fee was also billed on your final account statement per the lease agreement. Any final bills owed for more than 6 months are automatically turned over to a collection agency. I have attached a copy of your signed lease agreement for your reference and records. XXXX  XXXX addendum of the lease agreement details the written notice requirement, and fees that will be assessed in the event of an early lease termination. 

I have also attached a copy of the final account statement for your review. If you will mail payment in full to the community by Friday, XX/XX/XXXX, we will have the collection company remove this collection from the records of all lease holders. 

Regarding allegations of retaliation by any of our employees, the review of your file shows that all concerns, to include the early lease termination were handled in the same manner as any other concern or early lease termination in our community. Any prior resident who did not fulfill their agreement was charged, and required to pay, the penalty fees as outlined in their contractual agreement. Therefore, as your HUD investigator can confirm, failure to assess the termination fees, as we have assessed to others, would be in violation of Federal Fair Housing. We must also uphold our end of the contractual agreement, just as we require of you and all other residents. This keeps us in compliance with all Federal Fair Housing laws. Should your HUD investigator have any questions, or concerns, they will need to reach out directly to the property attorney, XXXX XXXX. The phone number to her office is XXXX and her email is XXXX. 

Thanks, XXXX XXXX XXXX Regional Manager Image XXXX main : XXXX | direct : XXXX XXXX XXXX, XXXX XXXX XXXX XXXX, TX XXXX Also, XXXX XXXX stated that she only charges 2 months nth penalty. She stated 4 people, 1 was n my protected class only had to pay 2 months which is XXXX. No one else is being charged an astronomical penalty. This is an excessive. Of course, this is fraud.This is in the attached XXXX. I also have statements from others who did what we did but they were only charged 2 months.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation