Legal Question in Credit and Debt Law in Texas
Disputed Debt... Can I prevent collection calls?
I've received a violation invoice from our local tollway authority. This is NOT a ticket and there is no court involvement at this point.
There are three incidents charged to my license plate that are erroneous. I can and will provide evidence in court that my car was not anywhere near the tollway at the time of the alleged offeses. I assume the automatic reader misread a similar license plate.
I've contacted the tollway by telephone and email. They have NO RESOLUTION process. Basically, their position is pay the fine or get sent to a collection agency. If I still don't pay they send it to DPS for adjudication.
I'm prepared to go to court to fight this. However, I want to prevent calls from collection agencies and any negative report on my credit.
Is there a way to head prevent this disputed charge from going to a collection agency before this ends up in court? As I see it, they count on people paying just to avoid collection, even if the charge is inaccurate.
Thanks
1 Answer from Attorneys
Re: Disputed Debt... Can I prevent collection calls?
Depending on how prepared you are, you need a TRO and a petition for declaratory judgment. This sounds interesting. contact me by e-mail to discuss this further.