Legal Question in Credit and Debt Law in Texas

Insurance Collection

I cancelled my auto ins. with my old company on 15 Oct 2008. Later that month I received two refund checks from my former ins. company, one for $77 and one for $135. I deposited both checks with my bank on 18 Nov, 2008. Both checks posted successfully to my account. I have since been contacted by a credit collection service claiming I owe my former auto ins. company $135. I wrote the collection agency disputing this fact. I have now received a response from the collection agency with a breakdown of my auto ins. account for the last six months. The statement shows that the check for $135 sent to me was dated 20 Oct, but that a stop pay was done on the 21 of Oct. I was never notified that any action was taken to revoke this check. As previously stated, the check posted successfully to my bank account almost a month later. I feel that the fault here lies with my former insurance company, their bank, and/or my bank. I feel that the collection agency should be contacting these places to recover this misplaced money, not me. What are my legal rights in this situation and where can I look to see the law regarding this issue? Thank you very much.


Asked on 2/17/09, 6:46 pm

1 Answer from Attorneys

Donald McLeaish McLeaish&Associates;, P.C.

Re: Insurance Collection

The collector is working for your former insurance company...no one else..if you owe it, they should prove it..you can do nothing to stop collection efforts except tell them I don't owe it and will not pay and stop calling..legal rights depend on the facts.

Read more
Answered on 2/18/09, 10:05 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Texas