Legal Question in Credit and Debt Law in Texas

Theft of Services?

am being threatend by a collection agency with arrest for a 4 year debt that i am just finding out about. says that he is pressing charges and a warrant in being issued for an alleged $450.00 child care debt from a day care center that was attended over 4 years ago. (BTW...credit report obtained 2 years ago in attempt to clear any outstanding debt. it was not listed so i am disputing the legitamacy of it)..

my actual question.... Can I be arrested for this alleged debt? he keeps threatening ''theft of services'' or ''theft of charge''.


Asked on 10/27/03, 12:24 pm

1 Answer from Attorneys
Sharon Campbell Sharon K. Campbell

Re: Theft of Services?

There are criminal charges of theft of services; however, though it is possible, it is unlikely such a charge would be brought in the situation you describe. Moreover, it is a violation of the Fair Debt Collection Practices Act for a collector to threaten criminal charges in an attempt to collect a civil debt. The statute of limitations for suit on a debt in Texas is four years so it may be too late for them to file suit. They can report it on your credit for seven years. This assumes that it is, in fact, a valid debt, which it may not be. There are several ways this matter may be handled including filing suit against them for their violations.

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Answered on 10/27/03, 12:35 pm


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