Legal Question in Credit and Debt Law in Texas

Can the CCCompany take money from checking account

About 5 months ago I had fiancial problems and could not pay a major retail CCard, and now they have turned the account over to a collection agency. They are harrassing, and I have faxed 2 cease & desist letters, but they still call. I have no money to pay, them, only for basics and trying to keep up with other creditors. I have not given them any banking info, but they might have the info from where I made past payments to the major retail CCcompany. Can they access my checking account and take funds? Also, I have faxed 2 cease & desist letters, and verbally asked. I called original CCCompany, but they said they sold the account, so how do I deal with the original creditor? How do I stop the calls to me as well as friends in Virginia, whom I have never lived with? How did they get my friends number? If I need to contact an attorney, what would be the cost?


Asked on 11/25/06, 6:27 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Can the CCCompany take money from checking account

Sounds like you have grounds to file suit against them for violating the Fair Debt Collection Practices Act. They cannot take any of your assets until they obtain a judgment against you. That will require filing suit against you and serving you with a copy of the lawsuit. You can then raise any defenses you may have. Also, the statute of limitations for suit on a debt is four years. If it has been longer than that, it is a further violation for them to harass you.

Read more
Answered on 11/26/06, 11:04 pm


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Texas