Question:
Can anyone enlighten me as to what Texas statute allows an
out-of-state collection agency to try to collect damages that an
insurer has denied.
Accident was two years ago & the person being dunned was 18, driving
father's car, not cited & police report does not place blame or
negligence on him.
Other party's insurance has never tried to collect for any monies
paid, nor has any Texas attorney.
What gives? What's the statute of limitations on something like this?
Also, can this out-of-state collection agency be filed against, for
harrassment or whatever, in Texas under a long-arm statute?
Answer:
If this is a collection agency, you are protected under the Federal
FDCPA (Fair Debt Collection Practices Act) and the Texas FDCPA, also,
linked here:
http://www.capitol.state.tx.us/statutes/fi/fi0039200toc.html
In addition,the insurance company that GAVE the collection agency the
account may be in violation of the Insurance laws of Tx.
I suggest you contact the Tx. Attorney General's office for a complaint
form,and send the collection agency a cease and desist, dispute,
validation letter.
Sample form letters can be found on my website, linked here:
http://community-2.webtv.net/Y-chat/WhyChatsCredit/
Look at the bottom of the Texas page,on my website, and check (bottom
of page) for other links to legal help and additional services.
