Your Debt Collection Rights
- Gather the facts
- Contact your attorney
- Know your rights
- Contacting you if you are represented by an attorney
- Harassing you into making payments
- Lying to you
- Harassment – Debt collectors may not harass, oppress, or abuse you or any third parties they contact. This includes threats of violence or harm, obscene or profane language, using the telephone to harass debtors by calling anonymously or making repeated or continuous calls.
- False statements – Debt collectors may not use any false or misleading statements. This includes misrepresenting the amount of your debt, using a false name or identification, misrepresenting the amount of the debt or its judicial status, sending documents to a debtor that falsely appear to be from a court or other official agency, failing to identify who holds the debt, misrepresenting the nature of the services rendered by the collection agency or the collector, falsely representing that the collector has information or something of value in order to discover information about the consumer.
- Unfair practices – Debt collectors may not engage in unfair practices when they try to collect a debt. This includes trying to collect any amount greater than your debt, threatening arrest of the consumer, or repossession or other seizure of property without proper court proceedings, falsely accusing the consumer of fraud or other crimes, making collect telephone calls without disclosing the true name of the caller before the charges are accepted.
- They Ask for Info They Should Already Have – Real debt collectors already have your information. But debt collection scammers, may not. If the collector doesn’t seem to know enough about you, they’re probably a scammer.
- They Won’t Share Their Info with You – Whenever someone tries to collect a debt, ask for all of their company’s information, including:
- The collector’s full name
- Company name, address, phone number, website, and email
- They Threaten or Lie to You – Remember, under the Federal Debt Collection Practices Act and Texas Debt Collection Act, debt collectors are prohibited from lying, harassing, and using unfair collection methods.
- They Insist You Pay Right Now – Scammers survive by getting people to pay fake debts before they have a chance to realize they’re being scammed. So if a debt collector demands you to pay immediately, be very cautious.
- They Ask You to Pay by Untraceable Methods – Scammers often insist you make a payment by Visa gift card, iTunes gift card, wire transfer—or some other untraceable method. Real debt collectors, on the other hand, will accept normal, trackable payments (e.g., check, traditional credit card, etc.).
Partners Kimberly Bartley and Vanessa J. Maduzia attend the Second Chance Pets Gala where Waldron & Schneider, PLLC was a proud sponsor. ... See MoreSee Less
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Associate attorney Collin Bullard writes about post marital agreements in his blog.
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Enforcement of an Unwritten Contract
Under Texas law, these “oral contracts” are enforceable with the same legal requirements as a physical contract.0 CommentsComment on Facebook
Waldron & Schneider, in conjunction with Royal Harbor Partners, would like to extend an invitation to an Election Year Investor Symposium to be held at the University of Houston-Clear Lake on March 27th at 6:00 p.m..
The event is free but space is limited. You can RSVP by using the QR Code on the event flyer or by clicking in the link provided.
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