Legal Question in Credit and Debt Law in Texas
take vehicle for credit card debt
We have a credit card that is in collection. They have been harassing us day and night with phone calls. When we talk to them they have either been rude or not helpful. Today they told us that if we did not make some arrangments to pay then they would come and take one of our vehicles and sell it for the amount we owe them. We told them there are leins against the vehicles, they said we would still have to pay those off, even though we did not have the vehicle anymore. Is this true? If so, how can that be legal? Isn't a credit card a form of unsecured debt?
1 Answer from Attorneys
Re: take vehicle for credit card debt
They are doing what comes naturally to debt collectors: lying. Of course it is unsecured debt, they cannot come and seize any of your property. If it is a collection agency calling, send them a letter, certified mail, return receipt requested, telling them to cease and desist from any and all communications with you, that pursuant to the Fair Debt Collection Practices Act, you prefer to deal with the original creditor. By law, you do not have to deal with third party debt collectors.