Is it legal if my daughter received a threatening message about a restraining order from a collection agency?

This debt is from a mail order company almost 7 years ago. She was threatened with her assets being seized, her bank account being frozen, her wages being garnished and being taken to court for fraud. Can this be done in Texas? She was told a summons would be sent. She is divorced, living with me and has had surgery and is unable to work for the next 6 weeks. This person that called was very rude and threatening. It just seems odd that this is showing up now when it’s almost to the 7 year mark. Can they touch her child support bank account?

Asked on July 31, 2012 under Bankruptcy Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Unless there is a judgment against your daughter as opposed to a disputed debt, what the third party debt collection company did was in violation of federal and state law concerning unfair debt collection practices.

Likewise, if no lawsuit has been filed and the debt is more than seven (7) years old, under your state's statute of limitations for breach of a written contact or a common counts cause of action the debt is time barred.

I suggest that your daughter consult further with an attorney who practices in the area of consumer law to see what her legal recourse is concerning the matter you have written about.


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