Legal Question in Credit and Debt Law in Texas

creditors refussal to accept payments

I just found out a yesterday that I owe 3500, to an apartment complex I was evicted from for having a dog. I had one month to go on my lease. I asked the collection agency what I was being charged for and they told me over the phone. When i asked details they wouldnt give them to me. Some of the charges I want to dispute. They are saying they had to remove 4 animals from my apartment when i only had one, so they are charging me 200 for each animal. they are also charging me 400 for a replacement fee but they wont tell me what needed to be replaced. they are aslo charging me 360 for water and gas for one month, even though water and gas was only 12 a month and that was included in the lease. i do not have a copy of my lease. Is there a way i can prove i do not owe these ridiculous charges? the apartments wont even talk to me they tell me just to call the agency. they are also charging me for not enough notice, but i was evicted, can they charge me for that? when i contacted the collection agency they said they would only take the full amount and no payments, and i have 3 days to come up with the full amount or they said i shouldnt even bother talking with them without a lawyer. is that legal?shouldnt they give more time than 3days?


Asked on 4/21/04, 11:41 am

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: creditors refussal to accept payments

You may be able to set the collection agency up for Fair Debt Collection Practices Act violations. First, send a written request to the collection agency for validation/verification of the debt. If they do not give it to you, that is a violation of the FDCPA. Then send a letter to the collection agency telling them to cease and desist from all communications whatsoever with you concerning this debt, that you prefer to deal with the original creditor. Send a copy of that letter to the apartment complex. A few days later, you can contact the apartment complex and negotiate with them and get records from them if you haven't gotten them from the collection agency. In your first letter to the collection agency state that you have never received an initial demand from them. I handle these type cases if the collection agency does not comply with your requests.

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Answered on 4/21/04, 12:05 pm


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