Legal Question in Credit and Debt Law in Texas
Phone calls
2 years ago my exboyfriend took out a car through a used car dealship and used me only as a reference. I have not seen nor heard from him in 14 months, now I have the dealership calling me every day on my cell and my husbands cell phone. this dealer harrasses me telling me and my husband are lying and they are filing suit against us to garnish 60% of our wages because they assume my husband is my exboyfriend. I've sent a certified letter asking the harrasing stop, they said they have no such record. I've tried myself looking for my ex but with no luck. I was not apart of their contract, but yet I owe 9000.00 i'm pregnant and want them to stop stressing me out!!! do i change my number? what else can i do
2 Answers from Attorneys
Re: Phone calls
If you did not sign on the contract, you are not liable on this debt. If you have a signed green card indicating their receipt of your letter telling them to stop calling you, you have a cause of action against them under the state debt collection practices act.
Re: Phone calls
If you can show that they received your letter through the green return card, you can proceed against them for violating the Texas Fair Debt Collection Practices Act. If you only sent the letter without asking for a return receipt, but you know the certified mail number, you can ask the post office to provide you with the notice that the letter was delivered.
If neither, you'll have to write to them, certified mail return receipt requested, stating that your husband is not the party they are looking for, you have no legal obligation under the contract, they cannot garnishee wages in Texas for that sort of debt, and if they don't stop harassing you legal action will be taken against them.
You'll want to contact an attorney in your area that handles consumer law.