Collection agency *after* lawsuit?

[Over_My_Head]

What is the name of your state? TX

Hello all. I'm in the middle of a dispute with my former apartment complex. They have filed a suit against me, and I have filed a countersuit. Three and a half weeks after filing my countersuit, I received a letter from a collection agency.

It's my understanding that the complex is acting improperly by employing a collection agency after deciding to use the court system. Unfortunately, I'm not able to find the statute to support this. I've looked at the Finance Codes under Civil Practice & Remedies and in the Residental Tenancies Codes under Landlord & Tenant, but I didn't see it.

I called the Court Clerk, and while she didn't know if it was incorrect, she did make a note of it in our file.

Would one of you happen to know whether or not the complex is wrong in taking dual action? Or would you be able to point me toward where the statute might reside in the codes, should it indeed exist?

Thanks for your help.

 

[BL]

Have you made written disputes with the Ceditor and collection agencies, before they filed suit and reported you ?

I suggest you contact the FTC and ask for booklets FDCPA and FCRA .

 

[JETX]

It's my understanding that the complex is acting improperly by employing a collection agency after deciding to use the court system.

Your 'understanding' is not correct. There is no statute that prohibits a creditor from sending your debt to a collection agency, before or after filing a suit.

Would one of you happen to know whether or not the complex is wrong in taking dual action?

Yep. There isn't.

Just curious though... why would you care if they sent the debt to a collection agency?? There is NO improper or negative impact from doing so. If you mean that the CA might put the account in your credit history, the creditor can do that him/herself.

 

[Crystlhrt]

Just curious though... why would you care if they sent the debt to a collection agency?? There is NO improper or negative impact from doing so. If you mean that the CA might put the account in your credit history, the creditor can do that him/herself.

Greetings,

How can a creditor put an account on to a credit history? Is this only a company, or can an independent landlord make this report as well?

(and sorry for jumping in on this thread, but inquiring minds want to know)

Thanks!!!

 

[JETX]

Greetings,

How can a creditor put an account on to a credit history? Is this only a company, or can an independent landlord make this report as well?

(and sorry for jumping in on this thread, but inquiring minds want to know)

Thanks!!!

Sorry, but an 'inquiring mind' isn't sufficient to justify someone hijacking a thread... which is rude (by diverting the issue from that of the OP) and confusing (when you think a response is to you when it isn't).

 

[Crystlhrt]

Sorry, but an 'inquiring mind' isn't sufficient to justify someone hijacking a thread... which is rude (by diverting the issue from that of the OP) and confusing (when you think a response is to you when it isn't).

You're right of course... My sincere apologies to the OP.

::blushes and backs away from the thread:::