Often lenders, debt collectors and companies make profitability and efficiency their top priority. We cannot fault that. But if greed and sloppiness take over and those efforts come illegally and improperly at your expense, you should assert your rights.
If you believe that a lender has improperly refused to take items off of your credit report,
a debt collector has harassed you or treated you unfairly,
or if a company has lied to you or attempted to collect an amount that you did not owe,
Please call us for a free consultation. We are committed to fighting for Texas consumers and we strive every day to obtain the very best results possible.
The Fair Debt Collection Practices Act
In 2011, the Federal Trade Commission, the nation’s consumer protection agency, received more than 144,159 complaints against debt collectors. Congress and the FTC have found that harassing or intimidating debt collection can lead to: 1. Invasion of Privacy, 2. Loss of Job, 2. Marital Problems, or 4. Bankruptcy. Congress enacted the Fair Debt Collection Pracices Act (FDCPA), the Telephone Consumer Protection Act (TCPA) and Texas enacted the Texas Debt Collection Act (TDCA) to prevent these problems.
These laws are designed to give each citizen the right to protect his/her own individual rights against companies that abuse their customers.
While the FTC gets the bulk of the consumer complaints, more consumers are fighting back with their own lawsuits than ever before.
Any of the following are prohibited :
- Threats or profane language
- Any conduct or language intended to harass, oppress, or abuse you
- Making false statements
- Attempting to collect additional fees or expenses that are not authorized by the agreement
- Threatening to falsely accuse you of any crime or that nonpayment will result in the repossession or sale of your property
- Threatening you with criminal penalties
- Calls to your work, neighbors, family or friends
- Pretending to be someone else when calling
- Failing to disclose who they are when calling
- Embarrassing you by leaving answering machine messages on a device that others can hear
- Tricking you
- Threatening to sue you (if they do not intend to sue you)
- calls before 8 a.m. or after 9 p.m.
- Automated calls to your cellular phone (if you hear a pause before the caller picks up)
- Using Pre-recorded messages or an artificial voice to your cell phone
- Repeated calls intended to harass you
- Attempts to collect a debt that has been discharged in bankruptcy or that you do not owe
- Sending you incorrect or fraudulent documents
- Continuing to call you after you have disputed the debt or asked them to cease calling you
The Fair Debt Collection Practices Act:
Bill collectors rely on the fact that you don’t know anything about the Fair Debt Collection Practices Act. We can guide you, including explaining how you can stop abusive debt collectors.
Debt collection tactics are often not only annoying, but intimidating and dehumanizing. And debt collectors are relentless, often calling people who never owed the debt in the first place. That’s why Congress passed the “FDCPA” and why Texas passed it’s version, the “Texas Debt Collection Act” (TDCA); to give you the personal ability to punish and stop abusive debt collectors who have violated the law.
What the FDCPA means to you:
Despite the TDCA and the FDCPA, harassment and abuse still occur. Some collectors and especially debt buyers, well aware of the limits imposed by the FDCPA, choose to ignore it – in order to collect a higher percentage of debt. A lawyer experienced in this area of the law may be able to force an offensive debt collector to pay you a statutory penalty if they’ve crossed the line.
Why pursue this with an Attorney?
If consumers do not protect their rights, abuses may slip through the cracks of government agency enforcement.
If a debt buyer or collector fails to follow the specific requirements imposed by the FDCPA, you may be automatically entitled to monetary statutory damages. However, the TDCA and the FDCPA specifically create a private right of action for consumers. That means that Congress intended for individual consumers to stop abusive and unfair debt collectors in private lawsuits, by penalizing collectors for violations.
Credit Card Lawsuits and Debt Defense
Understanding the Ground Rules:
Hard economic times have helped push millions of Americans deeply into debt, plunging many into a world filled with relentless collection agents, aggressive lawyers and companies that profit by getting people to pay up.
Most people just assume that there is nothing they can do to defend a lawsuit from a credit card company or do anything to move beyond and be free of these debt collectors.
Creditor attorneys depend on getting default judgments against people who just ignore the lawsuit and do nothing. But, creditors and debt buyers are often surprisingly sloppy about keeping records and often sue people who never owed the debt in the first place. Even after they file suit, these large computer-driven companies rarely give the time or attention it takes to win a defended case in court. Don’t let your creditor get a default judgment against you. If you ignore your legal problem, it will likely just become more difficult and permanent.
Junk Debt Buyers and the Chain
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Almost always, important documents or contracts never existed or were lost or discarded by credit card creditors and their debt buyers and brokers. Important chain of custody documents are necessary to prove that a particular debt was part of a bulk purchase. Surprisingly, those documents are almost always missing. By hiring a competent consumer attorney, you can beat the lawsuit when the debt buyer fails to prove chain of title.
What do I need to do to discuss my lawsuit with you?
Call me at 972-914-8372 to schedule a free initial consultation. This first meeting is FREE. I’ll tell you exactly what we can do and exactly what it will cost. If you decide you want our help, we’ll move forward quickly. If not, at least you’ll know what you’re facing with the lawsuit.
More about Help With Debt Lawsuits
Getting sued over an unpaid debt is pretty common. Millions of lawsuits are filed each year by collection agencies, third party debt buyers, and credit card companies.
If you ignore the lawsuit, you’ll probably end up with a court judgment against you. With a judgment, the creditor may be able to garnish your bank account, your personal property or even file a lien against your real property.
We may be able to beat your lawsuit. If we can’t beat your lawsuit, we’ may be able to settle it for a greatly reduced amount. This sort of problem is best handled head-on – rather than ignored.
Call 972-914-8372 and schedule a free confidential lawsuit consultation. We’ll sit down with you face to face and tell you up front if we think we can win your case. We’ll quote you a flat fee, and the fee won’t go up later.