San Antonio, TX asked in Collections for Texas

Q: What's the next step if a collection agency didn't provide proof the debt was mine?

I received a letter from debt collection agency. I sent the a written response certified mail asking them to provide more info that the debt was mine, specifically a written agreement that I signed or proof that I've ever paid on this credit card debt. They replied with the same information from the initial letter which was the start date of the debt, the amount owed, the credit card company and the date. They said they were able to validate the debt but nothing in letter pertained to me directly. Also in the letter they asked documentation demonstrating the errors of my account. As this isn't my account I'm not sure which documentation they are referring to.

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1 Lawyer Answer
Arturo C. Aguilar
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Arturo C. Aguilar PRO label
Answered
  • San Antonio, TX
  • Licensed in Texas

A: You can actually sue a debt collection company and get your attorney's fees awarded. That is probably the next step if you want to deal with the matter. You can invoke the unfair debt collection act. You also have a valid claim for the Texas Deceptive Trade Practices Act, which ties in to the unfair debt collection act, and can possibly get up to three times your damages.

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