Legal Question in Credit and Debt Law in Texas
Collection Letter from Cabrera & Associates
We recently received a collection letter from Cabrera & Assoc. and after some brief research, it appears that our experience with this company was similar to others. The letter alleges that we bounced a check for a Pizza some 3 years ago. We asked for documentation on the alleged bounced check (for Pizza) and justification for the $163 charge (again...for supposedly a pizza check). We received no information - rather, we were yelled at, and hung up on.
Several years ago, I had mistakenly written a check on an Enron account that - for obvious reasons - was closed. The pizza company called us and we took care of it at that time...at least to best of our recollection. Now we get this letter and cannot get any back up to support the alleged charges. I saw in one similar post where a ''Cease and dessist order'' was recommended. My question is what do we do? I'm clearly not inclined to pay this...but am also concerned about negative credit report impacts etc.
Any thoughts/suggestions would be GREATLY appreciated!
1 Answer from Attorneys
Re: Collection Letter from Cabrera & Associates
In matters such as these, the telephone is the devil's instrument. Write, certified mail. Dispute the debt, demand proof, and tell them that all future communications are to be in writing. Keep copies of the letter, the certified mail chit, and the green return card together in a separate file.
If they file a negative credit report after you've written to them, they may have violated the Fair Credit Reporting Act.
Or pay it and avoid the possible hassle.
At this point the decision is an economic one; money versus time and aggravation.