Civil suit questions

[black2002ls]

The activities of debt collectors in Texas are regulated by the Texas Debt Collection Act. The Act prohibits the use of fraudulent and abusive collection tactics by individuals or corporations to obtain payment on outstanding debts against a debtor.

It is unlawful for a debt collector to attempt to collect more than the amount originally agreed upon – whether the agreement was in writing or not. However, the debt may be increased by the addition of attorney fees, investigation fees, service fees, collection fees, or other charges if a written contract authorizes the additional charges.

If you dispute an item in the file a debt collector has on you, you must give the debt collector written notice. The debt collector is not required by law to cease collection efforts if you merely call the debt collector about your dispute. Written dispute of the debt is best accomplished by sending your complaint to the debt collector by certified mail return receipt requested. Keep a copy of all correspondence you send to the debt collector. The debt collector has 30 days after receiving your written request to determine whether or not the disputed item is correct.

If it is incorrect, it must be corrected. The debt collector must notify anyone who has already received a report containing the incorrect item. If, at the end of 30 days, the debt collector has not been able to determine whether the item is correct or not, he or she must make the change you requested and notify anyone who received a report containing the incorrect item.

If it is later determined that the item was correct after all, you must be notified and collection efforts may be continued.

Good information, however, it appears to be a law firm that he has been contacted by, therefore the mention of a law suit isn't a scare tactic.

Many collection agencies operate under names that can be misleading and make them sound like a law firm. Always check the name of the entity contacting you against the Secretary of State's database to see if they have a surety bond on file. It is a violation of the TDCPA to do so.

https://direct.sos.state.tx.us/debtcollectors/dcsearch.asp

[lincolnboy]

they can't do anythin. If he does not pay they will sell the debt.

[black2002ls]

they can't do anythin. If he does not pay they will sell the debt.

No, I am pretty sure if they are a law firm, they specialize in these cases and will file suit.... It happens every day. Most have gotten to where they file suit in JP court. It is a bit more labor intensive to search those records, and due to some changes in JP court procedures, easier for them to win

[kingjason]

I like the ones that talk in code to people and throw out terms like warrants and detectives. Ask the Dallas repo company how that turned out for them.

[Back N Black]

No, I am pretty sure if they are a law firm, they specialize in these cases and will file suit.... It happens every day. Most have gotten to where they file suit in JP court. It is a bit more labor intensive to search those records, and due to some changes in JP court procedures, easier for them to win

Even so, they will usually settle out of court for certain amount of lump payment..

[black2002ls]

Even so, they will usually settle out of court for certain amount of lump payment..

True, mine was settled out of court. I wasn't super excited, some of the statutes on evidence and time frames for specific documents changed right before I retained my lawyer

[Sean88gt]

3 years? Delay for another year, statute of limitations is 4 years. Also, at 3 years, I'd put money in the debt being sold several times over.

[lincolnboy]

I had this happen to me, that debt got sold many three time and all where law firms. several i mean several years later i sent a letter to the current agencies about wanting to pay what my loan was for not what they wanted.

[chronical]

Ok what state do you live in?
Who is the original creditor?
How much is the debt for?
What is the debt for?
What is the name of the "law firm" that is contacting you?
When was the date of last activity (defined as the first month you went 30 days past due that subsequently led to 60, then 90, and eventually charged off)
Is this debt listed on your reports and on which reports?
Please answer these and report back

[chronical]

I had this happen to me, that debt got sold many three time and all where law firms. several i mean several years later i sent a letter to the current agencies about wanting to pay what my loan was for not what they wanted.

Collection agencies will lie or mislead people into thinking they are a law firm when they aren't

[chronical]

3 years? Delay for another year, statute of limitations is 4 years. Also, at 3 years, I'd put money in the debt being sold several times over.

This can be true but these guys also know when there time is up and in most cases, won't file suit till the sol is nearly up

[chronical]

they can't do anythin. If he does not pay they will sell the debt.

This is bad advice without all the facts and I recommend not giving potential harmful information unless you know exactly what you are talking about

[Sean88gt]

This can be true but these guys also know when there time is up and in most cases, won't file suit till the sol is nearly up

They also have to serve him. If he travels, a simple change of address could breath some distance.

[chronical]

They also have to serve him. If he travels, a simple change of address could breath some distance.

Correct.

[Sean88gt]

Correct.

But, little info was posted beyond acknowledging the debt.