Legal Question in Credit and Debt Law in Texas
Collection Agency Threats
I found a a fraudulent account on my credit report. Challenged the claim and the file was removed from my credit report. Now I am getting calls from a company called Tri-Financial out of New York state. They are a collection agency that has this fraudulent account and they are trying to collect. Here is the real problem: Since I stated that the account was a case of fraud they are claiming that they can claim fraud against me and they are going to file fraud charges with the district attorney in my county. I get calls stating a fraud case has been filed then I get more calls stating they are about to issue a warrant for fraud. Personally, I think this is a ''scare tactic'' they are using to attempt to collect on this account.
My question is...can they really file fraud charges or is this a scare tactic?
I'd like nothing more than to tell them to take their scare tactic and shove it.
2 Answers from Attorneys
Re: Collection Agency Threats
You want to really scare them? Get yourself a tape recorder and record their threats. It's legal in TX. Then ask the caller to wait just a minute while you rewind the tape and play it back for them. The tinkle you hear will be the caller filling up their chair. Once you get the recording, contact me by internet and I'll show you what to do with it. Good Luck.
Re: Collection Agency Threats
There are specific federal and Texas laws that govern what and how collection agencies can conduct business. Furthermore, collection companies will push the limits of these federal and state laws in the hopes that the victim just pays the money and does not contact an attorney. You are on correct path to resolving this issue. In Texas, so long as one party to a phone conversation is aware that the conversation is being recorded, then the recorded phone conversation is legal. As such, you should record a phone conversation and then contact my law firm to assist you. If my law firm can assist you with this legal matter or any other legal issue, please contact my legal assistant Jennifer ([email protected]).
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