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My name is written wrong on the letter from collection agency, can this allow me not to pay the money.

Houston, TX |

i broke my lease with my apartment complex and agreed with manager about the money. then i got a mail from a collecting agency that i owe them 1000$ more than we agreed upon however my name was written totally wrong in the mail. will this wrong name allow me to not pay this money bcs it not my name, what should i do to avoid paying all this. keeping in mind the manager did not give me a writing but gave the way to calculate what is due.

Attorney Answers 3

Posted

A name error is an easy correction, and not fatal. You need to talk with the manager directly, and dispute the debt with the collection agency immediately. If they continue to pursue it, you may need to hire an attorney to put it to rest. Otherwise this could start to affect your credit, which you don't want to happen.

This answer is intended for informational and educational purposes only and should not be considered legal advice nor forming the attorney client relationship. This attorney is licensed in Texas.

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Posted

No, this would not allow you to pay, but may be evidence that there quality control measures are poor and thus there accounting sucks as to the amount that they allege you owe. If you have other debt problems I would suggest a chapter 7 bankruptcy to clear you credit and give you a fresh start.

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Posted

No, typing your name wrong will not get you out of a debt. First, you should dispute the debt with the debt collector. Write a simple, clear letter stating that you "dispute the debt" and request validation. Do no include any legal statutes or threats -- the letters that can be found online as samples are pretty often terrible. My advice is do not send out anything that makes no sense (sort of like it makes no sense that a misspelled name would mean no money owed.) Trust yourself on this.

Advising you of your best moves after disputing the debt is not simple. It really depends if you want and have the means to pay the correct amount or if you want to try and pay a negotiated lower amount or if you are broke and just want to do anything you can to pay without harsh consequences.

I agree with the other poster that potentially consulting a consumer bankruptcy attorney may be a good idea if the reason you didn't pay the amount you thought you owed before now was that you just do not have it.

The above statements are provided for general information purposes only and are not intended as legal advice or advice of any sort for a specific case or legal matter. If you do not have a signed attorney-client fee agreement with the Hill Country Consumer Law ("the Firm"), then until such written fee agreement is provided and signed by both a prospective client and attorney for a particular case, neither Ms. Kleinpeter nor the Firm will represent you nor will they be your attorney in any matter and you remain responsible for retaining your own attorney and for compliance with any and all deadlines and for any statutes of limitations that may pertain to potential claims.

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