Legal Question in Credit and Debt Law in Texas
Bogus Debt Collection
I have a situation where a collection agency is coming after me for a debt I believe to be bogus. Quite simply, most of the charges of this supposed debt are not in the contract and were never agreed to. The charges are not a 'collection fee' but related to an apartment lease debt, with bogus cleaning and other charges.
The collection agency claims they are only attempting to collect the amount the original creditor has told them I owe. I claim they are in violation of the FDCPA for attempting to collect a fee or charge not authorised by the contract. The collection agency have verbally agreed with me that the charges stated are NOT in the contract, but say that to charge the fee is a usual business practice of the original creditor.
I want this off my credit report, and so far the collection agency will not budge, despite my disputing of the information directly with the credit reporting agencies. So I am considering suing for FCRA violations for reporting a total due that cannot be proven, and FDCPA violations for attempting to collect the fee not in the contract. Would I have a case?
1 Answer from Attorneys
Re: Bogus Debt Collection
If there were other charges incurred due to your lease of the premises, for damages beyond normal wear and tear, those charges are legitimate. A lease of real estate is different from a contract for the sale of goods or services.
You can always take a shot at a suit under the FDCPA and FCRA. Whether you actually have a case or not depends upon the language of the lease and the facts underlying the additional charges.
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