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Civil charges and lawsuit for old debt in Texas

On Lawyer & Legal » bankruptcy & consumer credit

5,070 words with 5 Comments; publish: Tue, 10 Mar 2009 17:43:00 GMT; (800108.40, « »)

The state is: ? Texas

Out of the blue I receive a call from an obvious debt collector asking about a me paying a debt that I haven't paid. This is a credit card that I had just out of college the last payment was in 2002 the amount due is 3400$.

The person on the other end of the phone states that they are prepared to file a charge of "theft of goods and services" and continues to explain that this is a a jail time offense; then states, following that they intend to file a lawsuit suing me for 2500$ in legal fee's.

I found it odd that he did not even know what county I lived or where I lived when I had the card. The other thing I noted was that I asked 3 different people on three separate phone calls to fax the information about the Debt to me.

I have never received it. He also informed me that there have been several certified letters sent; that I received; however, I have never signed for a letter from them or anyone pertaining to this. He also stated I was lucky because he was suppose to send out the summons yesterday and magically my jacket was left on the lawyers desk and was mistakenly left behind.

So with this what do I? I cannot afford to pay substantial amount at this time, Can I go to jail? Is there a SOL for Texas that I should look into ?

they are very threatening on the Phone ~ also they refuse to tell me the name of the company only what the debt is pertaining to ~ and they have all my info

Not sure what to do now

please advise

thanks in advanceThe state is: ?

All Comments

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  • 5 Comments
    • Go to radioshack. Buy a recorder and a suction cup mic.

      Record the next call.

      Ask the following:

      I would really like to you to validate this debt. Can you send that?

      If they threaten you with jail again:

      You would actually have me arrested for this? You can't do that .. can you?

      Okay. What company do I make this out to?

      What is your mailing address?

      Then take the recording and go find a consumer rights attorney.

      They have violated the law and you have a valid claim.

      DC

      #1; Tue, 10 Mar 2009 23:43:00 GMT
    • Quote:
      === Original Words ===

      Google FDPCA.
      Make that FDCPA.
      #2; Wed, 11 Mar 2009 14:30:00 GMT
    • Quote:
      === Original Words ===

      Make that FDCPA.
      doh**
      #3; Wed, 11 Mar 2009 20:05:00 GMT
    • I will invest in a recorder for the next call

      Can I really go to Jail over this ? Can they sue and what would you suggest my course of action be

      I don't have the means to pay the full amount

      I managed to dig up some info on the card last night and what i actually spent on the card totaled 1600$ so the 3400$ I assume are fee's and interest

      #4; Wed, 11 Mar 2009 10:13:00 GMT
    • Quote:
      === Original Words ===

      I managed to dig up some info on the card last night and what i actually spent on the card totaled 16 $ so the 34 $ I assume are fee's and interest
      Possibly. But you really need to pay attention to what I am saying here. I was a debt collector, a very successful debt collector, for a number of years. If they are threatening to have you arrested, they are violating the law and you should contact an attorney to file suit.

      If this debt is from 2 2, it is most likely outside the SOL and will fall off of your credit report this year. Don't pay it. Don't pay anything. If you send them $1 you open the door for them to sue and take it all. After you get your recording, send them a cease and desist letter via CERTIFIED MAIL.

      DC

      #5; Wed, 11 Mar 2009 11:39:00 GMT