Legal Question in Credit and Debt Law in Texas

I had a travel trailer repossesed a while back. I was told that I would owe the difference if the trailer sold for less than was owed. Now I have a collection agency calling me asking to set up a payment plan. I have yet to see any bill of sale or documentation stating such sale and the difference. Could I be sued over this if I dont pay up?


Asked on 1/22/12, 2:28 pm

2 Answers from Attorneys

Mark Dunn Mark D. Dunn

Yes, you can be sued. If you are sued, do some pre-trial discovery and make them prove the "repo deficiency" amount that they're suing you for.

In the meantime, I wouldn't set up any payment plans until they give you documentation about the amount, and how they calculated it.

It's a good idea not to talk to these people on the phone; bill collectors are human trash. Tell them you want to communicate IN WRITING, and that they should write you a letter. Then hang up the phone.

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Answered on 1/22/12, 3:08 pm
Donald McLeaish McLeaish&Associates;, P.C.

agreed but u must write them to put demand in writing...only written cease and desist phone calls are sufficient to stop harassment..but it does not stop the claim..and if u wish to protect yourself from a judgment, call a bankruptcy lawyer or debt consultors ..as we are..or contack Mr Dunn or others..

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Answered on 1/23/12, 7:08 am


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