Legal Question in Disability Law in Texas
Collection agency discriminated against my disability
I am disabled and worked out a payment plan with a collections agency. They were to take $50 out of my account on the 4th of each month. They are claiming I wrote a fraudulent check(checks were done over the phone) because the check bounced on the 24th. I didn't give them permission to enter the account then & my bank shows no record of the check ever being presented to my account. The lady at the agency refuses to work with me because she says I am guilty of fraud. She said she was going to look at my records with social security to see if that is fraudulant too. She has also called my neighbors.She said she was coming after me.
1 Answer from Attorneys
Re: Collection agency discriminated against my disability
Being disabled has nothing to do with the problem, as I understand it. You have a payment arrangement with the collection agency, but your debt is with the creditor to whom you wrote the original bad check. Go straight to them if you can, and forget about the collection agency,--the creditor may prefer that you send the money directly (money orders only, probably). I suggest paying it off as soon as possible. Collections folks are known to be extremely judgmental and rude, so don't let that bother you. Just get it paid up as soon as possible.
NOW, if that collection agency is calling your neighbors, I think that's over and above what's legal, so you tell her that if she has broken the law, you re going to file a complaint with your state agency of abusive practices. Get notarized statements from your neighbors that someone from her office called to talk about you, get names dates and times. Get a local attorney, then, do it. You might be able to use legal aide for this. At least give it a try.
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