Debt Collection from Law Firm

Lesley Abigail Hoenig

Yes, you can file a motion for the case to be dismissed (I imagine it will be dismissed anyway because they won't be able to prove their case, but I'm not admitted to practice in Texas so I can't say specifically based on Texas law and procedure). It probably wouldn't hurt to file a FDCPA claim against them. I would recommend consulting a local consumer law attorney. A successful FDCPA claim will result in attorney's fees being granted so it can't hurt to talk to an attorney about this.

Samuel John Glover

The debt and the FDCPA are separate issues. If a debt collector violates the FDCPA, you may still owe the debt.

If Mann Bracken did not produce the contract and statements, it is probably because they do not have them. This may be grounds to have the collection lawsuit dismissed because they do not have the evidence to prove their claims.

On the other hand, if they did not have the documents and could not get them, they could not give them to you in response to your request for validation, so they may not have violated the FDCPA.

If you want better answers, search for a consumer lawyer in Texas. There are a lot of very good consumer lawyers in Texas. The lawyer database at the National Ass'n of Consumer Advocates is a great place to start.

Lu Ann Trevino

If you can prove the violations of the Fair Debt Collection Practices Act, you can file a counterclaim. Each violation is worth up to $1000.00 in damages to you and this could be enough to offset the debt. If they fail to produce documents, you can seek a contempt ruling. Mann Bracken is notorious for these practices.