Legal Question in Credit and Debt Law in Texas

Conditional Endorsement

Are conditional endorsements effective when negotiating the removal of negative credit information?

Is there any recourse against collection agencies or creditors for failure to comply with conditional endorsements?

1250 characters is not enough, so excuse my broken English.

Six years ago...cancelled telephone service via computer automated system. 3 years later...new creditor point out..unpaid collection account..telephone company... I contacted the collection company... send me the bills...to validate calls...provided an ''internal'' bill...Definately not my bill...disputed bill, refused pay...remove it from credit record.

phone co. / collection agency refused...talked to supervisor...I agreed to pay ... just to end my frustrations... supervisor... verbally agreed.. completely remove..if I sent payment to her...agreed was likely mistake, but had no records to clear me.

..I wrote letter of conditional endorsement ...completely remove..no referrence to ''payed collection'' or other derogatory statements be listed.

..explicitly confirm the verbal agreement..if they did not agree.. return the payment immediately.

I waited... no action... M/O endorsed and cashed.

What, if any, are my other alternatives?


Asked on 10/04/01, 5:30 pm

1 Answer from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Conditional Endorsement

You can sue for specific performance and name the collection agency. You can also sue the collection agency under the fair debt collection practices act.

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Answered on 11/21/01, 5:47 pm


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