Legal Question in Credit and Debt Law in Texas

Consumer's rights from a Collection Agency during an alleged past debt

I recieved a collection notice from a collection agency stateing I had a past due bill from before September 2000. I called them and they told me that they were unable to give me any information unless I wrote to them in writting requesting it. They told me the name of the company I allegedly owed and I contacted them and they told me that the collection agency had all of the information. I mailed the letter and I recieved a phone call at 8:45 PM two weeks later and the man on the phone wanted to know when I was going to pay the bill. I told him that I mailed them a request for information and I was not going to pay them until I got a copy of the bill. I do not think I should have to pay a bill from over three years ago when I have not recieved notice from the company that I owed them, they have not tried to contact me even when I left a forwarding address, and they have not given me the information on the bill. Am I just supposed to send a check into everyone who says I owe them? Can I contest it even though I do not have a receipt showing I paid? What can I leagally do?


Asked on 4/09/03, 12:07 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Consumer's rights from a Collection Agency during an alleged past debt

You write to the agency as set out in their first letter to you, disputing the debt, demanding proof of the debt, and instructing them that further contact must be in writing. That should go by certified mail, return receipt requested so there's no question that they received it and when they received it.

Limitations in Texas is four (4) years, so a debt that's three years old is still a valid and collectible debt. If you have proof that you paid it, fine.

You are responsible for your debts, whether your creditor sends you additional notices or not.

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Answered on 4/09/03, 12:56 pm


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