Legal Question in Credit and Debt Law in Texas

Threatened Lawsuit

I am being subject to a threaten lawsuit from a collections lawyer.My sons friend was picked up for shoplifting at a dept. store. Since my son was with him he was picked up with his friend.when the other kid went to criminal trial he said that my son did not have any knowledge or involvement in the shoplifting.also the security officer from the store agreed that my son wasn't involved.All charges against my son where dropped when he showed up to court.the store attorney keeps calling demanding money or taking me to court. I gave them the fact that my son wasn't involved and I would take action against them due to a frivolous lawsuit. Althought I sent them a certified letter stating that my son didn't have anything to do with their case they use an automated service that keeps calling my home asking me to call their number.Once you call their secretary just try to give you their address or ask if I want to make a payment plan with them.I told them verbally in 3 occassions to stop calling my house, also sent a certified letter stating the same. they kept calling me after they signed for the certified letter. what can I further do to stop them from calling my house. Thank you.


Asked on 12/27/05, 9:18 pm

1 Answer from Attorneys
Peter Bradie Bradie, Bradie & Bradie

Re: Threatened Lawsuit

Not sure from your message whether the calls are coming from the store or a collection firm acting for the store. Also not sure to whom you sent the certified mail.

If the calls are coming from a collection agency, and that's to whom you wrote, you may be able to sue them and the store for violations of the Fair Debt Collection Practices Act.

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Answered on 12/28/05, 11:34 am


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