How To Prove A Texas Incorrect Amount Due Defense

 

 

In Texas, a defense of Incorrect Amount Due is defined as:

The Fair Debt Collection Practices Act (FDCPA) protects consumers from unfair, deceptive, or abusive practices by debt collectors. A violation of this act occurs when a debt collector uses tactics outside the boundaries set by the FDCPA.

It simply means:

A debt collector states an incorrect or inflated amount that is due from a debtor.

There are 2 elements of the defense:

• Element 1. The debt collector stated an amount due that is inaccurate or inflated, either in terms of the principal amount or by adding unauthorized fees or charges. A debt collector may be violating the law if they claim you owe more money than you actually do, either by misstating the original amount or by adding extra fees that they aren’t allowed to charge.
  

  Facts that might support this element look like:

  * The debt collector claimed that the amount due was $1,500, while the actual principal balance was only $1,200.
  * The debt collector included a late fee of $300 that was not authorized in the original loan agreement.
  * The debt collector stated that interest accrued on the account was $200, but the correct interest amount was only $100.
  * The debt collector added a collection fee of $250, which was not disclosed in any prior communication.
  * The total amount claimed by the debt collector was $2,000, despite my records showing a total of $1,800, including all applicable fees.

• Element 2. The inaccurate representation was misleading or deceptive, violating the provisions of the FDCPA. The claim that you owe a certain amount was wrong and could trick you into thinking you owe more than you actually do, which breaks the rules set by the Fair Debt Collection Practices Act (FDCPA).
  

  Facts that might support this element look like:

  * The debt collector provided a statement that included fees not authorized by the original contract, leading the consumer to believe they owed more than the actual amount.
  * The communication from the debt collector contained a miscalculation of the principal balance, which misled the consumer regarding their financial obligations.
  * The debt collector failed to disclose that the amount claimed included charges that were not legally permissible under state law, creating confusion for the consumer.
  * The representation of the debt amount was presented in a manner that obscured the true nature of the debt, making it difficult for the consumer to understand their rights.
  * The debt collector used language that implied legal action was imminent, despite having no intention to pursue such action, which misled the consumer about the urgency of the payment.

^{(See Tex. FDCPA §392.304(8) (2024).)}
If you’re in court without a lawyer and plan to assert a Defense of Incorrect Amount Due, it’s essential to engage in a Personal Practice of Law at Courtroom5. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. This proactive approach will help you effectively present your defense.

Prove Your TX Incorrect Amount Due Defense

U.S. Civil Cases Only