Legal Question in Credit and Debt Law in Texas

Collection agency threats.

Our daughter had to break her lease on her apartment because of illness and losing her job. Her rent was paid thru the day she moved out. Within 10 days a collection agency started harrassing trying to collect the ''debt'' which amounts to about $1600,00 according to their ''records''. Our daughter still does not have the money to pay this, she did work out payment schedules with her doctors , Visa, etc. Is there any law that gives her the right to at least try to work out a payment schedule with the apartment ? She moved out Aug 1st, and started getting phone calls from some vultures called the Phoenix Recovery Group Aug. 10th. They are now threatening to file suit against her. Should she still try and contact the apartments to try and work some sort of payment schedule or does she have to deal with the collection agency vultures? Is it likely they will sue for $1600.00 or do you think they are blowing smoke? Thanks for your time. P.S. She does have a job now and will soon be able to start paying down her debts.


Asked on 9/25/07, 6:40 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Collection agency threats.

First, you need to ask them for a copy of the security deposit accounting from the apartment complex. You need to know exactly what they are charging you for. If they are charging for the entire remainder of the lease, that is improper. The landlord has a duty to try to mitigate its damages, try to re-lease the apartment. As each month comes up the apartment is not yet leased, then you owe that months rent. Also, after you get that, you can send a cease and desist letter to the collection agency; you do not have to deal with a collection agency.

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Answered on 9/26/07, 12:26 pm


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