Legal Question in Credit and Debt Law in Texas

Can they file judgment without mailing supporting document

In 2000 I was seperated and divorsed in 2001. The debt in question is my exhusbands per decree. I have sent a certified letter to the original debter requesting copies of all statements,payments,and charges since 2000 and the original contract. I sent a certified letter to the collection agencey requesting proof if they are the new holder of the debt or if they are just a collection agency to cease and decist and that I wish only to deal with the original debter. I have a signed reciept that both of the companies recieved my letter. I have yet to recieved any support but the collection agency called me and still asked me to settle. I stated I sent them a letter, he denied that it was on his record I stated I had proof of receipt and I will not discuss anything over the phone. Can they file a jugement without sending me the info I requested? Should I settle without this info and if so how do I protect myself from agreeing to pay say half the balance to a collection agency and then later them coming back for further payment and/or it still adversely effecting my credit. I have heard too many horror stories about collection agencies agreeing to one thing and doing another. Does any attorney offer free phone/person consultation?


Asked on 9/11/04, 1:33 pm

2 Answers from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Can they file judgment without mailing supporting document

They can't file a judgment without giving you notice of a lawsuit. That would come from a local attorney, and not a collection agency.

The problem is that an agreement incident to divorce, as to who would be liable, has no effect on the creditor who can look to whomever they feel has the better chance of paying.

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Answered on 9/11/04, 4:37 pm
Sharon Campbell Sharon K. Campbell

Re: Can they file judgment without mailing supporting document

There is no such thing as "filing a judgment." In order to obtain a judgment, suit must be filed against you and you must be served with the petition so that you will have opportunity to defend against the lawsuit. If you sent a letter, within the thirty day period of the collection agency's first letter and they did not respond, they have violated the Fair Debt Collection Practices Act and you have a cause of action against them. Continuing to contact you after you sent them a cease and desist letter is also a violation of the FDCPA. Send a copy of the cease and desist letter to the original creditor and then try to negotiate with them regarding the debt. Make sure any agreement you make you get in writing, signed by someone on the other side and that it include either deleting the matter from your credit report or that it show paid as agreed. Do not let them tell you it cannot be done. I would not recommend negotiating with the collection agency.

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Answered on 9/11/04, 9:27 pm


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