Legal Question in Credit and Debt Law in Texas

Collection Agency States wrong amount

A debt collection agent states that I owe about $4000.00 for an early termination of a lease. I called the landlord and verified that the the total debt is $2000.00 less than than what is trying to be collected. When I informed the collection agency that the total debt was in error and if the correct amount was not stated I would pursue retaining an attorney. The collector informed me that this constitutes refusal to pay the debt and they would pursue legal action to obtain the money. Is there any legal recourse for a collection agency inflating the actual debt?


Asked on 6/22/03, 7:44 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Collection Agency States wrong amount

Since collection agencies work on a commission basis, they are probably adding their commission on top of the actual amount of the debt. Although this is common practice with collection agencies, it is also directly contrary to the Fair Debt Collection Practices Act. I would send them a letter via certified mail, disputing the amount of the debt, mentioning that you have confirmed it with the original creditor and that if they don't confirm in writing to you within ten days of their receipt of the letter that they have corrected it that you will take legal action for their breaches of the law. IF they don't change it and continue to insist on the higher amount which is in writing - either a collection letter or on your credit report, then you have a good cause of action against them for violation of the FDCPA.

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Answered on 6/22/03, 8:44 pm


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