Written by Jim Adler
Stop debt collectors being unfair or illegal with a fair debt collection lawyer or personal injury attorney
Millions of Americans are in debt, and many of them face abusive, harassing, unfair and even illegal practices by debt collectors. That may be in violation of debtors' rights under the federal Fair Debt Collection Practices Act (FDCPA) and, in Texas, under the Texas Debt Collection Act. If you suspect this, alert your state Attorney General's office, the Federal Trade Commission or a fair debt collection attorney or lawyer with Jim S. Adler & Associates.
Debt collectors and debt collection agencies have legal limits in pursuing debt payment. They cannot harass, abuse, threaten or oppress you. They cannot call repeatedly by phone to annoy you. They cannot falsely claim that you have committed a crime for which you can be arrested. They cannot try to collect fees, interest or other charges on your debt beyond those to which you have agreed in a contract.
They also cannot provide fraudulent information. They cannot threaten to take your home or wages when that is not the case. They cannot contact you by postcard. They cannot bully you and use profane language. They cannot contact you before 8 a.m. or after 9 p.m. unless you have first notified them that those are convenient times for you. They cannot deposit a post-dated check prematurely.
If a debt collector or debt collection agency has engaged in such debt collector harassment, notify a fair debt collection attorney or lawyer with Jim S. Adler & Associates. He or she can fight for your right to fair debt collector practices and even can get a debt collector to pay you up to a $1,000 fine for unfair practices. In fact, violators of the Texas Debt Collection Act are subject to civil and criminal penalties. Such violations apply only to those trying to collect a consumer debt.
The FDCPA is much the same except in terms of barring abuse or harassment, but it covers only collectors doing work for professional debt collection agencies or attorneys hired to collect a debt.
Persons who have been subjected to unfair debt collection practices should notify the debt collector in writing that you want such contact to end. Send this letter by certified mail and keep a copy of it. Also consult with a fair debt collection attorney or lawyer with Jim S. Adler & Associates.
Getting a debt collector to stop practicing illegal or unfair debt collection tactics will not erase your debt. If you owe the money, you owe the money, and even though you have debt rights, you still could be sued by the debt collector or debt collecting agency. But you do not have to endure unfair or illegal debt collection practices. When this has occurred, an Adler fair debt collection lawyer or attorney can help you to stop debt collectors from such harassment and abuse.