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Jan. 28, 2019

When You Have Debt, You a Have a Right not to be Annoyed by Debt Collectors

No question about it. It’s stressful to find yourself in debt. Your creditors have a right to expect you to pay them. When you are delinquent on payments, your creditor may sell your debt to a collection agency for less than the amount you owe. Then that collection agency can come after you for the full amount. But you have legal rights, too, and debt collectors and are not permitted to harass you.

What is Legally Considered Harassment by Debt Collectors

Debt collectors must comply with the Texas Debt Collection Act and the federal Fair Debt Collection Practice. According to these federal and Texas laws, debt collectors cannot use any of these abusive or fraudulent collection tactics:

  • Threaten violence or other criminal acts

  • Use profane language

  • Falsely accuse the debtor of fraud or other crimes

  • Threaten arrest or repossession without court approval

  • Call you at work if your employer does not permit calls

  • Call you before 8:00 am or after 9:00 pm

  • Call you anonymously or make repeated or continuous calls

  • Make collect calls without disclosing who is calling

  • Use a false name or ID

  • Misrepresent the amount of debt or its status

  • Send documents that falsely appear to be from a government agency or court

  • Fail to identify who holds the debt

  • Misrepresent the services provided by the collection agency

  • Lie to discover information about the consumer

The Texas Office of Consumer Credit Commissioner website provides additional information about what debt collectors are allowed to do by law and how to file a complaint.

An Attorney can Make the Harassment Stop and Protect Your Rights

Debt collectors cannot harass, oppress or abuse you in any way. If they do, you can send them a cease and desist letter by certified mail to tell the collector to stop further contact with you. Keep a copy of your letter. If the collector continues to contact you, talk to an attorney. When a debt collector crosses the legal line, an experienced bankruptcy lawyer in Texas can help you make them stop. You may even be able to receive monetary compensation.

Oliva Law can Help You Manage Your Debt and Stop Debt Collector Harassment

Oliva Law has decades of experience getting consumers relief from annoying debt collectors. We make them stop. Every week, we help our clients in Brownsville, McAllen, Harlingen, Corpus Christi and throughout the Rio Grande Valley sue harassing creditors. We can help you manage your debt and get a fresh financial start.

About the Author: Marcos Oliva Marcos Oliva is the principal attorney at Oliva Law. He is admitted to practice law in the State of Texas, the United States District and Bankruptcy Courts in the Southern District of Texas, and the United States Patent and Trademark Office.

Jan 28th, 2019