Legal Question in Credit and Debt Law in Texas

Do I pay if no bill is received and payment is rejected

A collection agency has contacted me and said that if I don't pay them thme they will file a claim against me and garnish my wages or put a lein on any property that I have. I sent this firm a $25 payment last month because that is all I can afford at the moment. This firm contacted me and rudely informed me that my payment was not aceptable and that I would haved to send more money. I asked the representative if the creditor was refusing my payment and he said that they were. I have also asked for a bill, but they have not sent anything. I told the representative that if they filed a claim against me then I would have to file bankruptcy, but he said that this debt would fall outside the bankruptcy.

How do I settle this? It sounds a little suspicious to me.


Asked on 4/02/04, 8:55 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Do I pay if no bill is received and payment is rejected

WIthout more details as to the bill, it is impossible to say if this would fall outside of a bankruptcy discharge or not. With respect to the collector's actions, all have been legal, up to the point of not supplying you with proof of the underlying debt. Under the Fair Debt Collection Practices Act, a collector is required to give you proof of the debt within 30 days of your request. You will need to put the request in writing, but they have to give you proof of the debt.

You may want to consult with a bankruptcy attorney in regards to your situation. Depending on your situation, a bankruptcy fresh start may be the thing to do.

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Answered on 4/05/04, 5:14 pm


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