Legal Question in Credit and Debt Law in Texas
What are my rights?
I am being called 2-3 times daily by a collection company. The debt is from a previous marriage and is from 1990. Now 14 years later it has been sold from 1 agency to another. They are driving me crazy. If I send these people a Cease and Desist letter, can they try and sue me? I check my credit report yearly and as of April 2004, I have an excellent credit rating. I am now remarried and we own both of our cars and are 3 years into a 30 year mortgage. I realize Texas is a community debt state, but I stubbornly refuse to pay his old debt even though it was a joint account. Do they have any recourse legally? Or will I possibly stir up a hornets nest by sending them letters. Is it sometimes better to just let the answering machine get the calls or should I demand to be left alone? Thank you for your time in responding. It is greatly appreciated.
1 Answer from Attorneys
Re: What are my rights?
Write to them, certified mail, stating that you dispute the debt, it's barred by limitations, if they continue they will be in violation of the Fair Debt Collection Practices Act, and that they are to cease communicating with you.
That should put an end to it.
If they report it to a credit bureau after receipt of your letter, they will be in violation of the Fair Credit Reporting Act.
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