Collectors of defaulted consumer credit accounts must comply with the Federal Fair Debt Collection Practices Act and, if they are calling Texas Consumers, they must comply with the Texas Debt Collection Act. Common violations that I see collectors using include but are not limited to the acts or false threats of:
- Garnishing your wages when not allowed;
- threatening to charge you with a crime;
- threatening to take your home, car, or other exempt assets;
- threatening to call your employer, neighbors, or friends;
- suing or threatening to sue you on a consumer debt barred by the statute of limitations;
- telling you they are a law office when they are not, or otherwise misrepresenting their services, or misrepresenting their affiliation with the Court or government;
- cursing you, or using language intended to unreasonable abuse you;
- calling you at work when they have been put on notice that you are not allowed to receive personal calls there;
- calling you at a time or place know to them to be inconvenient to you;
- misrepresenting the amount owed;
- misrepresenting your right to dispute an account in collections;
- misrepresenting the status of the case in a judicial or court proceeding;
Other conduct may also violate collection laws and may be a tort, such as invasion of privacy. I regularly see new collection tactics that simply amaze me in their boldness and disregard for the law.
Collection laws also apply to debt buyers who purchase the account when it is in default, collection agencies, lawyers, and law firms who may call or write to you while attempting to collect a consumer debt.
Whatever the circumstances leading to your present situation, no one deserves to be victimized by overly aggressive debt collectors. These collectors sometimes completely ignore the Fair Debt Collection Practices Act and the Texas Debt Collection Act, with which they must comply. When they do so, I am prepared to advise you and possibly help you.
Actually owing the money is not a defense to collection abuse. If you feel you have been the victim of abuse, harassment, or humilation by one or more of these tactics, submit your case to me for an evaluation, or if your needs are urgent, call me immediately - you may be entitled to money damages.
If Fugate Law Office takes your collection harassment case ...
You will pay no attorneys fees, court costs, or expenses unless you recover. Fees on bankruptcy and debt defense are on a case by case basis.