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  1. #1
    Join Date
    Nov 2007
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    1

    Default Can You Be Sued Over A Disputed Debt

    I live in Texas, and have had a small debt (less than $200) turned over to a collection agency. I disputed the debt from AT&T, and presented my case to the collection agency, proving that the service had not been provided. The debt is still under review within the collection agency, and my question is two-fold.

    1 - When I faxed my case to the collection agency, I called to confirm that it had been received. I was told that the fax had been forwarded to their dispute specialist. When I asked to speak to her about my case, I was told she does not accept incoming phone calls. Is it legal for me to not be allowed to contact the person handling my dispute? Is there any action I can take (perhaps with the FTC)?

    2 - If the collection agency, acting on behalf of AT&T, decides that the debt stands, do I actually have the right to be sued, rather than having that debt turned over on my credit or having to pay the debt? I would love to have this case turned over to an arbiter or small claims, that's how confident I am in this.

    Thanks for the help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can You Be Sued Over A Disputed Debt

    A collection agency doesn't have to give you the direct number for one of its employees.

    You can't force a collection agency to sue you if it prefers to first pursue other methods of collection. If you wish to take the matter to court, come up with a legal theory relating to the debt and sue AT&T - force them to bring their claim for money as a counter-complaint.

  3. #3
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Can You Be Sued Over A Disputed Debt

    Speaking as a former "certified" collector that attended way too many sales meetings and seminars in my short career...
    The job of the agency is to collect the debt and validate the debt.
    Letters (certified, preferrably) and written documentation is king.
    The dispute specialist is going to take whatever the client gives them and tell you that you owe the bill. Worse yet, AT&T can also bundle this "bad paper" and sell it off to someone like LVNV funding. My girlfirend hasn't have LVNV validate a debt yet. They just send it to a new agency each time. ...and at $5 per letter to the agencies it gets expensive. We are waiting for it to go to court; expectations are that they can't validate it and will offer a substantial settlement.

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