Consumer complaint received 2021-09-06
Company: National Credit Systems,Inc.
State: TX
Product: Debt collection
Sub-product: I do not know
Issue: Attempts to collect debt not owed
Sub-issue: Debt is not yours

Complaint:
Account number XXXX XXXX XXXX XXXX XXXX XXXX I am aware that by your company alleges a debt. I have reason to believe I do not owe this debt because : This account was started joint without my knowledge by XXXX XXXX who is deceased. Therefore I am requesting a Goodwill Deletion of the reporting of this bad credit item as : this debt was acquired due to an unfortunate circumstance In addition, Amount reported is incorrect. Original creditor must provide credible evidence to prove the allegations surrounding the imposition of a fine ( storing biohazard materials? ) and also what jurisdiction grants this property to impose this fine without evidence. Due process was not followed to collect the arbitrary fine. 
I have never received any proof that any such violation and resulting damage occurred and being that this account was started without my knowledge or consent, and the alleged amount of debt is incorrect, the entire debt is null and void under the Fair Debt Collection Practices Act Also several violations have occurred in this debt claim that are not consistent with Texas property law : Texas Property Code Sec. 92.018. LIABILITY OF TENANT FOR GOVERNMENTAL FINES. ( a ) In this section, " governmental entity '' means the state, an agency of the state, or a political subdivision of the state. 
( b ) A landlord or a landlord 's manager or agent may not charge or seek reimbursement from the landlord 's tenant for the amount of a fine imposed on the landlord by a governmental entity unless the tenant or another occupant of the tenant 's dwelling actually caused the damage or other condition on which the fine is based.

Never abided by Texas Property Code Sec. 209.006. NOTICE REQUIRED BEFORE ENFORCEMENT ACTION. ( a ) Before a property owners ' association may suspend an owner 's right to use a common area, file a suit against an owner other than a suit to collect a regular or special assessment or foreclose under an association 's lien, charge an owner for property damage, or levy a fine for a violation of the restrictions or bylaws or rules of the association, the association or its agent must give written notice to the owner by certified mail.

Sec. 209.006.

( A ) is entitled to a reasonable period to cure the violation and avoid the fine or suspension if the violation is of a curable nature and does not pose a threat to public health or safety ; ( e ) If the owner cures the violation before the expiration of the period for cure described by Subsection ( c ), a fine may not be assessed for the violation.

Several Defects of consent have also occurred in the service of this alleged debt, including the absence of competence in a contracting party as well as coercion through acts or threats of a contracting party through the Addition of illegitimate fines. 

Because I am writing you within 30 days of being notified by your company about this debt, you must cease attempting to collect this alleged debt until after you have provided the requested information. 
If you continue attempting to collect on this debt or seek judgment for payment of the debt without first providing written verification, you will be in violation of the Fair Debt Collection Practices Act. Additionally, the debt can not accrue any fees or interest beyond what is allowed by state law or by contract with the original creditor. 

Sincerely, XXXX XXXX XXXX

Company response to consumer: Closed with explanation