Debt collector sued for calling woman after debt was paid Southeast Texas Record
PLANO - A Plano woman is suing a collection agency for continuing to call her after she paid off the debt.
Becky Pratt filed suit against I.C. Systems Inc. on Aug. 15 on Eastern District of Texas, Plano Division.
According to the allegations, Pratt started receiving collection calls from the defendant in May. Shortly thereafter, she received a letter stating that the defendant would be collecting a debt allegedly owed to a doctor. A few days later, the defendant called and requested certain identifying information including the plaintiff's Social Security number and address.
Pratt states she refused to release this information and requested that the defendant stop calling. She claims the calls continued, sometimes as many as three times per day.
She says she paid off the account in full with the original creditor, but the collection calls and letters continue.
The defendant is accused of violating the Fair Debt Collection Practices Act by harassing,
Debt Buyer / Debt Collector Lawsuits
Hudson Henley, a Texas and California Attorney, discusses debt buyer and debt collector lawsuit. Sued by debt buyer. He can be reached at (214 ...
What is the law on fair credit reporting and statues of limitations in Texas on debt collection?
I recently gotten a debt collection notice for $2500 on an account I have no distinct memory of, from over 6 years ago. The debt collector stated they bought the debt from citibank, citibank says they bought it from "verizon credit card", but cant give me a number to call "verizon credit card" to try and figure out what is going on. Now, from 1999-2001 I cleared and settled all my credit card accounts one by one, and I saved all my correspondence on these issues, but all of that was lost because they were stored in New Orleans at my father's house. So basically I have these people trying to collect a debt I have no record of, whose latest action is from 2001, and they have suddenly listed this on my credit report, as if it was a new debt, from 2007 - which I am fairly certain is illegal. Anyone know the details on this sort of stuff?
After trying to work with this collection agency, now that I am sure that this is a junk debt, I am convinced these people are scam artists and know it. I called them and explained that I wanted to work with them to track back the company that initially owned the debt, and they said they didn't care, that I owed them money, and that since they bought the debt this month, it IS a new debt, and that they could report it as so., because I "took action on the debt simply by calling them" I told them that legal counsel has advised me otherwise, and that in the state of Texas last monetary action on the date of the debt is what matters, not phone contact, which is true, and they hung up on me. My lawyer, who isn't in this sort of law, is sending them the certified letter, following OCT1999's recommendations. Thanks SO much! I was about to shell out the 2500 because this has dropped my credit rating from 750 to 590, and my job is at risk b/c of it, but now I am going to fight it.
Here is a link so you can look this up.
http://www.bcsalliance.com/index.html
However, there are two other things that do have time limits. The first is the Legal Statute of Limitations. This is the period of time they have to sue you for the money. For Texas this is 4 Years from the date of the last delinquency. If your last delinquency was for example 12/2001, they can not sue you after 12/2005. Well they can file a suit, but you would require them to prove that they were still in statute. If they can not the judge would throw it out.
The second is the time it can be reported on your credit report. This is 7 years from the date of last delinquency. So using the same delinquency date of 12/2001 it will be on your report until 12/2008.
This was probably bought by a Junk Debt Buyer hoping to get you to pay, but they are not allowed to re-age a debt. What you need to do is send them a certified letter with return reciept. In the letter request that they provide proof that they in fact have the right to collect on the debt, and the account history. This includes the original signed agreement and payment history showing your last payment. If they can not provide this in 30 days by law it must be removed from your credit report. So if they do not respond in 30 days send a copy of that letter along with a letter to the Credit Reporting Agencies stating they did not respond in the required time and the item must be removed.
If they do respond and provide proof that your payment was in 2001, they can do nothing but keep it on your report until 2008. So it is your choice to pay it or let it fall off naturally.
I just got served with a lawsuit (Texas) by a collection company on an old CC debt, what can they do to me?
I am concerned because some say they can garnish my wages; others say they can seize an asset, or two. However, I've also been told they can only put a lien on my home and nothing more. Could I go to jail? What can they legally do to me? Can they take my home or personal property? Or just mess my credit up more than it already is? And to boot, we offered to settle this debt with them 14-months ago, they refused to put anything in writing and we never heard from them again, until Friday; right before Christmas!
they'll sue you and garnish your wages
news flash: credit card bills have to be paid
In the state of Texas, If you have a credit card charged off, can a debt collection agency or anyone else for?
that matter freeze your assets?
Listen to Sunbun's answer. Absolutely correct.
Yet another example of why you need to be very careful about listening to responders here who don't supply you with a source. The first two answers are not only wrong, but if you followed their advice you would find yourself in a whole world of hurt!
Just because a debt is charged off does not make it go away. It's a bookkeeping practice that removed your account from their books for tax purposes. The debt can/will be sold to a collection agent.
Once that happens, and if they win a judgment, they can collect from you. Wage Garnishment is illegal in Texas, but there are other ways they can collect.
Be sure to check the age of the debt. Texas has a 4 year Statute of Limitations...debts older then that can NOT be legally collected on.
I had a similar issue; after writing off my debt, one month before the time when this would be pulled off my credit record, they attempted to collect. A nice (well, not so nice) letter explaining that they cannot legally collect a debt written off as noncollectable made the whole thing go away.
Do it all in writing; to the collection agency, the company, and file a complaint at the FTC site.
I live in Texas and DCS collection is harrassing me about a debt from 1998. Can they do anything?
The debt is a tax refund that was given to my two times from the state of LA.
There is a 7 yrs statute of limitations, but this doesnt stop them from trying. You can actually cause yourself more problems by talking to them, or worse yet- setting up a payment plan or sending them any money at all! It resets the 7 yr clock, so your fair game again. Hope this helps
Is this for a student loan that was backed by state/fed funds?
Or for some other state or federal type of debt?
If the answer is yes, then it does not matter how old the debt is, they can try to collect it and even file a law suit for it.
If it is not a state, federal type of account or a judgment then you would be out of the collecting SOL.
Texas collecting SOL for both open and written is 4 years.
Statutes of limitations on debt collections expressly eliminate taxation departments from said statutes.
Pay up time.
Does anyone know if Texas garnishes wages for credit card debt collections if a judgment is granted?
No. Only wages for back child support can be garnished in Texas. Your income tax can also be garnished for non payment of student loans also, but not for credit card debt collections. After a judgment a creditor must follow certain guidelines to collect. The only way they can collect is to place a lien on your property. Texas is careful about what a creditor can collect. You're entitled to your car, a certain amount of household goods, and an exemption of up to $75,000 for your homestead (the home you own). If you don't own a home you pretty much don't have anything to worry about. And, generally speaking, unless you're wealthy the credit card company will not seak damages because of the cost associated with the bad debt. Most likely you will have to endure 7 years of bad credit reports and that is all.
never heard of someones credit card actually taking them to court for payment
usually it goes to a collection agency for payment,
bad credit blurb staying on Credit Report for 7 years since last payment made
a collection agency has sent me a threat of (26 u s c 6050p) what is it and in Texas debt limits what do i do?
It is probably a scare tactic to get you to pay. If you do not owe the debt, sent a certified letter to them indicating that you do not owe the debt. If you do owe the money and do not have a dispute on the validity of the debt, then make payment arrangements with them.
How do I deal with a civil court suit summons with debt collection, & what if I don't have transportation?
Discover Card wants to sue me for 3-yr. old debt that I wan't able to afford to pay off because of Hurricane Katrina back in 2005. That's when I had trouble paying off my debts & trying to find a job. I am STILL financially struggling. 1 debt collector called me a few weeks ago, yelling @ me & trying to say Hurricane Katrina was my fault. (I know it wasn't my fault). I receive SSI & Social Security. Before Katrina, I was paying ALL my credit card bills ON time for a whole year. I was financially secure. Ever since Katrina, no one wants to hire me on a job because of my Tourette's & other disabilities. Debt collectors don't care about my situation. I'm WILLING to find (2) jobs if I have to. I'm willing to work & pay them off. But I'm stuck on a fixed income, & I'm very afraid of losing my gov't. & health benefits.
What should I do? They didn't give me a specific date, but they gave me a civil suit #.
I don't have a car, I don't have a way to get to court. It's far away. & I have no money. I can't afford a taxi. I live here in Texas.
A non-attorney mediation law firm just sent me this letter, offering to mediate & be my power of attorney, & they want to charge me $$, but they can't defend me in court. Neither Discover Card nor any courts have contacted me, regarding this possible court date. This is the 1st time I'm OFFICIALLY notified of a lawsuit that's coming up soon.
***Maybe you can help me out here. I asked in the Law & Ethics category, but didn't get a good answer.
SSI - SSDI cannot be garnished....Wages in Texas cannot be garnished. It would be pointless of them to pursue legal action against you under these circumstances....that is, unless you have a lot of money in a bank account....Otherwise, even if they do win and get a judgment, they can't touch your SSI - SSDI.
DO NOT sign anything that any third-party or the debt collectors send you.
If you have little or no money in the bank and SSI is your only source of money....you can't be touched.
Debt collectors LOVE to scare people with bogus threats of lawsuits....This is illegal. If you are REALLY being taken to court....you will be served papers (usually by a sheriff or other official). Simply giving you a civil suit # doesn't mean anything and debt collectors have NO legal authority to summon you to court. Debt collectors absolutely, positively do not have the ability to initiate court hearings by themselves....only the judge/civil court has such power.
Debt collectors cannot be abusive and they cannot pretend to be (or work for) attorneys when this is not the case. The next time the debt collector threatens legal action or quotes a "civil suit #," per the Fair Debt Collection Practices Act, you have the right to speak with their [alleged] attorney who will be taking action against you. Request to know the attorney's full name and his/her license # in the Texas state bar association.
A collection agency has violated a verbal agreement to settle. Can I sue them in texas?
I made an offer to a representative of a law firm trying to collect a debt for a collection agency. He asked me to hold while he confirmed with the lawyer. He responded that the offer was acceptable and he would send the paperwork the next day. The next day he called and said he did not make an agreement and asked for more. Can I sue them in texas
No i sure hope it wasn't mann bracken they will clean out you bank account if you gave them your info they only way ti sue is if you had it on paper then they went back on it right now it's just he said she said really.
Can a collection agency garnish money from your personal paycheck in the State of Texas?
A collection agency has acquired the debt of my daughter who lives in Texas and has threatened my daughter that if she doesn't pay a large amount up front they will garnish her paycheck from where she works. Can they do this? Is this legal?
It depends.
According to the Associate Dean for the Houston Law Center, there are only a few exceptions to the general rule that there is no garnishment of paychecks in Texas:
Wage garnishment is permitted for child support, certain federal taxes and government backed student loans.
Are these violations of fair debt collection practices act?
My husband fell 6 months behind on a credet card bill. The account was turned over to a collection agency in Texas.After repeated phone calls to both my husband and his employer. My husband called the CA and asked them to stop contacting third parties. He tried to make arrangements to pay the debt. He was not able to come up with the sum that they wanted so the calls continued. They called us numerous times. Sometimes 10 or more times in one hour. They continued to call his employer even when the employer asked them to stop calling. They called our neighbor, parents, and siblings. I contacted them and made arrangements to pay the bill in monthly enstallments. Two payments have been made as agreed. We have not missed a payment. Yesterday I was contacted by them stating that if I couldn't settle the debt that day they would send a 1099C form to the IRS. Claiming that my unpaid debt was considered nonwage income even though I was paying on it. they also called a third party this same da
We still are not sure how they got our neighbors address. We hardly ever even talk to him. I don't even know his last name. All that we can figure is that they looked up our address and then did a search on our neighbors address to get his contact information.
What really gets me is that they are continuing the harrassment even though we are paying on the debt. I could see if we had missed payments or something but we haven't.
The 1099 C form doesn't even apply to my debt. They were not offering to eliminate the debt. The lady who I spoke to on the phone tried telling me that if I didn't pay the debt that day she would file the form. When I spoke to the manager and asked him about the form he told me that it was used if part of the debt was written off and did not apply to a debt that I was paying. He is looking into the matter to find out why she would tell me this. It felt to me that she was just trying to bully me into paying it that day.
We have the payment details in writting and have made payments as agreed. We are sending a certified letter tommorow to stop contacting third parties as they are not doing so with any intentions of finding out contact information about us. They already have our information.
Turn them in to the better business bureau. Also tell them you will contact your attorney(you don't have to have one) if they don't stop calling your family and his employer. They legally can't contact the IRS about your debt, so don't worry about that. Make sure you tell the BBB about all of the threats that they have made, this is wrong and against the LAW! personally I would contact an attorney and sue them for harassment and breech in privacy if they are telling other people any info about how much you owe.
