Legal Question in Credit and Debt Law in Texas

A collection agency recently called my mother and stated that she had made a payment on my behalf with a bad check. The payments my mother has made have all been through Money Gram or Western Union as my mother does not have a checking account (and for reasons like this, I see why). They are threatening to put a warrant out for both of our arrest because of these so called bad checks she has written. My mother is in a panic right now. I told her to have them send over the copy of the bad check information to us or give us some more details as to when these bad checks were written so we could argue them properly. If I ask for this information, shouldn�t they give it to me/us?

This is not about trying to get out of paying a debt because we have been paying, but to say that we have written bad checks to pay it when we have a history of sending Money Gram/Western Union Payments, does not sit well with me.

My mother is about ready to take out another loan from her 401K and I do not want her to that when we have been doing what we said we were going to do.

Thank You


Asked on 8/16/11, 10:05 am

2 Answers from Attorneys

Greg Wiley Law Office of Greg Wiley PLLC

This is probably an intimidation tactic. Do not take a 401(k) loan because you are taking property most creditors cannot attach and making it money they can collect. If they are lying there is a potential debt collection violation.

Best of Luck

Greg

www.dallas-fortworth-bankruptcy.com

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Answered on 8/16/11, 11:20 am
Donald McLeaish McLeaish&Associates;, P.C.

Call a lawyer in your area..the cost would be nominal and you have a claim against the creditor and the collector..dn't cave in

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Answered on 8/16/11, 3:36 pm


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