Legal Question in Credit and Debt Law in Texas

civil judgements

We have a charge off from dilliards(az.,governance)assigned(sold to a law firm/collection,in alabama.we refuse to pay collections agencys,by our legal right fcra. and have been paying dilliards direct.the balance due is $194.00 by original paper(594. - 400.00 in payments)closed acct with dilliards in jan 03,owing 400.00..6 months later they closed and charged off.hence the difference..finance and late fees..the collection agency refuses to take any settlement..have sent cease and desist letter to them. there only course left is civil judgement?if they do that does it have to be filed in dallas county(our county)and would they go to the hassle for $194.00?


Asked on 4/10/04, 1:21 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: civil judgements

The fact that they refuse to take any settlement from you is not a violation. The applicable statute is FDCPA, Fair Debt Collection Practices Act. It is not clear from your question. If you sent cease and desist letters why are you even negotiating with them? You don't say in your question who is contacting whom. If they continue to contact you after you have sent cease and desist letters, then you have a claim against them under the FDCPA. Also, any debt collector collecting debts in Texas must maintain a bond in the amount of $50,000 with the Secretary of State. If they do not, that is another violation. If you are in Dallas County or surrounding area, feel free to contact me, I handle these types of cases.

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Answered on 4/10/04, 6:07 pm


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