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  #1  
Old 01-29-2007, 12:36 PM
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Join Date: Jan 2007
Posts: 2

Advice needed


What is the name of your state? Texas

I have a few questions I need answered.

1. My mother gave her checking account number to a collection agency for a "check by phone" payment. This was a payment for my debt that she co-signed for. I told her to cancel this check and I would take care of the debt myself. I told this to the collection agent who stated that my mother would be sued for "fraudulent check writing practices", unless I gave them a check by phone instead. Can they sue her for this?

2. Is sending a letter asking for validation of debt advised if the agent calling me is not who I was dealing with beforehand? What ramifications will this have on my dealing with them?

Thanks for your time.
  #2  
Old 01-30-2007, 08:13 PM
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Join Date: Feb 2002
Location: Nashville,TN
Posts: 15,706
Quote:
I told her to cancel this check and I would take care of the debt myself. I told this to the collection agent who stated that my mother would be sued for "fraudulent check writing practices", unless I gave them a check by phone instead. Can they sue her for this?
TX law is prickly on this. Stopping payment on a check like that can be considered writing a bad check. Can they sue her for it ? Yes. Will they ?? Who knows ?

Quote:
2. Is sending a letter asking for validation of debt advised if the agent calling me is not who I was dealing with beforehand? What ramifications will this have on my dealing with them
?
The exact person you were dealing with means nothing. The validation request goes to the Collection AGENCY, not the desk jockey who called you. If it's been more than 30 days since you were initially contacted about the debt, they will not be required to cease collection activity. Besides, sending them money basically admits to the debt anyway.
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  #3  
Old 01-31-2007, 03:34 AM
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My Mother lives in Ohio, I live in Texas.
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