Legal Question in Credit and Debt Law in Texas
Collection Practices
My wife and I have been struggling financially for some time. My previous cellular provider sent the uncollected amount that became due after the account was cancelled ($685.00) to a collection agency.
Since then, I have entered into an agreement with a credit counseling company and have been making payments of $20.00 per month to them toward the debt.
Each of the last two weeks, I have gotten threatening phone calls from the collection company stating that if I do not make payment in full that day they are going to ''send the information to the next level as a refusal to pay''. I am not refusing to pay. In fact, I have been making payments thru the credit service since July or August.
The collection company states that they no longer are willing to work with the credit service and only want to deal directly with me. I have told them that I will continue to make the monthly payments as they have been as this has been accepted previously. Am I wrong thinking that as long as they are accepting payments that they cannot seek further action on the amount? I want to make sure I have legal grounds to say that before I contact them again. Please help me as quickly as possible.
Thank you in advance!
1 Answer from Attorneys
Re: Collection Practices
I hope the payments you are making are not going to the collection agency but are going to the original creditor, the phone company. By law, you do not have to deal with a collection agency and you should never do so. Send them a cease and desist letter, tell them to cease and desist from any and all communications of any kind with you, that pursuant to the Fair Debt Collection Practices Act, you prefer to deal with the original creditor. Send a copy of the letter to the original creditor and then deal with the original creditor.
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