Legal Question in Credit and Debt Law in Texas

I have a collector constantly calling day & night, saying I owe .38 cents on my mortgage payment. I have paid what my statement says to pay, he says the statement he has is different and had increased by .38 cents. For the past 2 months, I have sent my check in for the amount on my statement, the check has cleared the bank. The collector has not posted the payment and is reflecting me as not making my payment. He says he can not post my payments to my account or send me my January statement so I can pay this months payment until I pay this .38 cents. I have never been sent anything on it justifing this amount. I advised him to sent me something and if I owed .38, to add it to the next statement. And to get me a correct statement that shows the correct amount to pay. He will not do that. I called and talked to the customer care dept at Chase Mortgage, they said the payment amount was correct that I was making. I don't know why 2 different depts of Chase has different statement amounts, but that seems to me to be an internal problem. Meanwhile, this collector won't send me my new statement, post the payments that have cleared the bank, and is calling 2-3 times a day when I have advised him to stop. The simple thing to do is to add the 0.38 cents to my statement, advise me why this was increased and let me get my current payment in the mail. He has threatened to report me to the credit bureau and charge me late fees. I advised him, my account currently is under the Soldiers Relief Act and he can not do that. He said if thats true, then I didn't need to worry about his statements. I am serious getting mad and thinking about obtaining a lawyer, what can I do and are they violating collection laws.


Asked on 1/11/10, 8:38 am

1 Answer from Attorneys

Ken Gober (Austin TX) Lee, Gober & Reyna

You're right; the collector seems to be acting unreasonably. I guess it's possible to pursue some type of legal action against the collector, but you will probably have a hard time finding an attorney willing to pursue a 38 cent (per month) issue.

I think that the best advice would be to just pay the extra 38 cents and be done with it.

I know that's hard advice to take because the collector seems to be in the wrong and you seem to be in the right. But the fight is not worth 38 cents.

Ultimately any extra you pay should be credited toward the principal you still owe on the loan.

NOTE: The answer I provide is limited to the information you provide in your question. For a more complete analysis of your issues you should consult an attorney.

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Answered on 1/20/10, 9:28 am


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