And I think this is going to be open to interpretation by the presiding judge. I believe there was a post on here about the judge ruling that JP court was small claims so the provision didn't apply. However, I have asked a JP judge and he said he would agree that since the smalls claims courts were abolished in 2013, the small claims court provision wouldn't apply. Still worth trying for it. If nothing else, it's grounds for an appeal (if the judge denies) to see what the Texas Supreme court rules.
So small claims is $10,000 now. But as an FYI, when Small Claims courts were still around, assignees were NOT allowed to file there. I believe LVNV is an assignee of the OC so they would have been in Justice Court anyway and the small claims court provision wouldn't apply.
Hi All, just an update! I submitted MTC w answer paperwork Monday... and today I get an email from the collections office with the following: (I think the settlement they offered was still a lot...) what should I do?...
The issue is that because this is a business debt, the FDCPA does not apply. I would however send the collection agency a letter and copy the original creditor stating that you dispute the amount and list the initial bill and payments. However, check the contract carefully because they could add charges for collections accounts (and interest). Beyond that, the only other option is to refuse to pay and wait to go to court (since you are in Texas, the courts are open for business) and make your argument there that the amount is wrong.