Legal Question in Credit and Debt Law in Texas

We have a water purification system with Rain Soft financed through Aqua Finance. We quit making payments on the system six months ago due to the system not working properly, causing damage to our pasture, and many other problems. We have had problems since it was installed and they even added extra equipment for the first 3-6 months but it did not help. We have had trouble getting them to call us back which only causes more frustration.The company that installed it is called Tri State Water Treatment. Of course, a debt collector is now calling us for payment, and due to lack of payment for six moths and high interest rates we are wanting to settle this debt, only if we can get the equipment to work properly. When we spoke to Montery the collection agency they told us legal action would be taken if we did not pay the debt and did not seem willing to work with us much. I need to know what my options are so I can make the best informed decision. Like can they keep adding high interest to the account? If we are sued can they garnish wages or just remove money from my bank account? What legal action can I take if any?

Thank you for your help!


Asked on 6/29/10, 3:39 pm

1 Answer from Attorneys
TC Langford Langford Law Office

You should consider suing them first, since the equipment is faulty and defective. If they take a judgment they can execute against your bank account. The interest rate is dependent upon what you signed; but if the product is not fit for the purpose intended, the court may invalidate the contract.

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Answered on 6/30/10, 5:40 am


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