Legal Question in Credit and Debt Law in Texas

Debtors Rights

I noticed after the second month in a row that I was not receiving my husband's monthly statments for a small loan that the balance was about $700. I asked my husband to call the company and ask why. He did, and the person he spoke with couldn't understand why we weren't receiving the stmts and that we were only behind one payment. The man said he would research to find out why we weren't getting stmts and would let us know. Two weeks later, we're getting calls from a collection agency. What rights do we have if we weren't getting statements and never received anything informing us of possible collection status? The man at the collection agency is now on the border of harrasment. Please respond soon.

Sincerely,

--name removed--LeBlanc


Asked on 7/18/02, 10:57 pm

1 Answer from Attorneys
Michael Dover Michael A. Dover, PC

Re: Debtors Rights

First, you don't have to deal with collection agencies. Send the collection agency a written notice to cease all communications with you. The collection agency is required by federal law to abide by your request.

Second, the fact that you didn't receive a statement does not relieve you of liability for paying the debt. My advise, call the creditor and arrange to make payment. Don't wait to get a statement.

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Answered on 7/19/02, 9:33 am


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