What type of evidence can I use to challenge a debt collection agency?
In Texas, evidence used to challenge a debt collection agency can vary depending on the type of debt collection. Generally, the best way to challenge a debt collection agency is to provide evidence that the debt is not yours, the debt is settled, or the debt has expired. One way to prove that the debt is not yours is to provide documents from the creditor showing that you were never responsible for the debt. This could include cancelled checks or a cleared payment to the creditor. Other types of documents that could be used is an affidavit from the creditor stating the debt is not yours, or a letter from the creditor stating the debt has been settled or discharged. In addition to proof that the debt is not yours, evidence can also be used to prove that the debt has expired. Under the Texas Collection Defense Law, there is a statute of limitations that dictates when a creditor can no longer legally pursue a debt. For most types of debt, this period is four years. If the debt was incurred more than four years ago, then evidence showing this could be used to challenge the debt collection agency. Finally, evidence can also be used to prove that the debt has already been settled. To do this, you would need to submit a copy of any settlement documents, including any payment records. This type of evidence can also be used to show that the debt has been assigned to someone else or discharged in bankruptcy. By using any of these types of evidence, you can legally challenge a debt collection agency in Texas.
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