Legal Question in Credit and Debt Law in Texas

mystery collection on credit report

When I have attempted to refinance my mortgage I have discovered that a $2300 collection has been listed by a collection agency acting for a real estate company. I attempted to call the real estate company many times but never get any further than the receptionist who takes my name and number but no one ever calls back. I dont really want to talk to a collection agency since they couldnt possibly have a reason to collect anything from me. This item was first listed in december 1999 and since has been relisted twice. The most recent is february 2004. I have done some research of applicable laws under the fcra, fdcpa and texas statues and begun a letter writing campaign to get this matter cleared up. These requirements for validation and what have you is likely to take some months. Meanwhile these historically low interest rates are rising daily. I can still refinance at an extraordinary low rate but i have to pay the $2300 first.

My question is this: Is there any chance or precedent for a court to issue a tempory injuction barring reporting of an issue until an ultimate resolution of the facts? And, secondly, is that likely to entail more legal fees than it is worth? Thank you for your assistance


Asked on 5/16/04, 1:45 pm

1 Answer from Attorneys

Peter Bradie Bradie, Bradie & Bradie

Re: mystery collection on credit report

The answer to your first question is "no".

The answer to your second, despite its mootness, is probably "yes".

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Answered on 5/16/04, 2:35 pm


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