What options do you have to dispute a claim against you being pursued by a collection agency?

Asked about 2 years ago - Wichita Falls, TX

I hired a contractor to perform repairs in my house. His men damaged other things and left the job without giving any notice of what they had broken. I wrote a letter to the business owner to try to resolve the problem. He turned it over to a collection agency en lieu of negotiating a reasonable settlement with me.

Attorney answers (3)

  1. Gregory Howard Wiley

    Contributor Level 16

    1

    Lawyer agrees

    5

    Answered . The first step is using a debt verification letter. See if the creditor has any evidence of you owing.

  2. Ronald Ira Frederick

    Pro

    Contributor Level 11

    2

    Lawyers agree

    Answered . I would sugest that you request verification of the debt in writing from the collection agency. They will have to stop collection until they provide you written verification of the debt. If they fail to do so they will be violating the Fair Debt Collection Practices Act. "FDCPA"

    In addition you may be able to bring suit against the contractor under either the Texas Deceptive Practices Act and/or The Texas Home Solicitation Sales Act.

    See the following link for more information. https://www.oag.state.tx.us/consumer/3day.shtml

    I would also suggest you contact a consumer protection attorney. You may be able to find one at www.naca.net. Search your area and get in touch with one in your area.

    I hope this helps.

    Ronald Frederick
    Ronald Frederick & Assoc. Co., L.P.A.
    1370 Ontario St., Suite 1240
    Cleveland, OH 44113

    (216) 502-1055

    ronf@clevelandconsumerlaw.com

  3. Eric Jerome Gold

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . The easiest way to begin a dispute with a collection agency is to submit a request for verification of the debt. you can find sample debt validation / verification request letters online.

    If the contractor completed their repairs, they are entitled to payment, you may be able to offset that payment by the amount of damage that they caused (and which can be verified). If the amounts are substantial, contact a local consumer attorney for fact specific guidance.

    When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am... more

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