Legal Question in Credit and Debt Law in Texas

attempt to collect un-owed debt

A collection agency is attempting to collect a debt that the orginal creditor has forgiven and does not want.

I have a written statement from creditor saying to remove this debt. I send the texas attorney generals office a complain about this.The creditor comfirmed in writing both to me and attorney generals office that this debt is not owed both written statement were sent to collection agency.

Collection agency has refused to remove this debt from my credit reporting file.

Question? is this not a voilation of credit law?

How can they continue to report a debt that is not owed?


Asked on 1/10/04, 8:48 pm

2 Answers from Attorneys

Elizabeth Schaefer SCHAEFER LAW FIRM

Re: attempt to collect un-owed debt

You can file a lawsuit under the Fair Debt Collection Practices Act and/or a complaint with the Better Business Bureau. Let me know if you'd like some help.

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Answered on 1/11/04, 4:30 pm
Sharon Campbell Sharon K. Campbell

Re: attempt to collect un-owed debt

Sounds like you have a good lawsuit against the collection agency for violation of the Fair Debt Collection Practices Act. If you don't want to take it that far, send letters to all three credit reporting agencies with copies of the documentation you have about it not being a valid debt and see if it will come off that way. If not, you have a clear case against the collection agency. Call a lawyer. I handle these types of cases in the Dallas area.

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Answered on 1/10/04, 11:13 pm


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