Texas and Federal laws prohibit debt collectors from taking certain actions against debtors. For example, creditors may not:
- Threaten to take action which they legally cannot take (garnish wages, send an officer to make an arrest, sue on debt out of statute, etc.)
- Try to collect a debt which is not due.
- Call you at work after being told you are not permitted to receive the calls at work
- Fail to disclose that the call is being made by a debt collector, give the debt collector’s name and state the purpose of the call is to collect a debt.
- Make calls often enough to constitute harassment, nor call early in the morning and late at night.
- Use abusive language, profanity, cursing, threats or yelling.
- Disclose your financial information to third parties (employers, credit references, family members, neighbors, references)
- Misrepresent the status of a debt or collect sums which are not due.
- Try to collect an amount greater than what is legally due; adding charges not allowed by law; (threaten to sue on a debt outside the statute of limitations, add charges not actually owed)
- Refuse to verify a debt
When a debt collector fails to follow Federal and Texas law, they can be sued by the debtor or other victims. Texas law allows you to record the call. It is important that you keep records of the dates, times and contents of the call and any collection letters that are sent to you.
The following Dunnam & Dunnam lawyers routinely represent victims of unfair debt collection practices: