Legal Question in Credit and Debt Law in Texas
I was a cardholder with american express. I was on a payment plan the last quarter of '09 and was not informed that I needed to renew the plan the following Jan. Feb rolled around and the rep who put me on a plan in '09 called and (long story short) he reinstated me on the same plan. First payment was due to be 2-19-10. Thrs the 18th a collection agency called harassing me. That afternoon I received a letter from amex confirming the upcoming payment though. Here's the question, if the collection agency sued me and tried to take my rental property (because I owe $30K on this card and it may be worth there trouble) would I have a case with the letter I received from american express with an agreed payment plan they (american express) didn't honor?
1 Answer from Attorneys
probably a valid defense but "case" ie right to damages? perhaps the collecotr did not have authority and may be liable..