Your Shield Against Aggressive Collectors
- Deep Legal Expertise: We don’t just know the law; we use it as a weapon. Our deep understanding of the FDCPA, TDCA, and Texas Property Code allows us to spot violations that general practitioners miss.
- Aggressive Advocacy: Debt collectors rely on fear. We turn the tables by aggressively representing you, filing lawsuits for violations, and demanding strict proof of every debt.
- Holistic Protection: We don’t just stop the calls; we look at the big picture, including how these debts affect your credit report and rental history, helping you protect your financial future.
- Transparent Pricing: From flat-fee reviews to contingency-based litigation for FDCPA violations, we offer clear fee structures so you never have to guess what justice costs.
Proven Results: We have helped thousands of consumers nationwide resolve debt issues, settling accounts for less than owed and removing negative marks from credit reports.
Frequently Asked Questions about Debt Collection
It is helpful to bring any letters, emails, voicemails, call logs, and any other documentation you have received from the debt collector. This information will help us assess your case and provide you with the best legal advice.
Our firm can analyze your situation for FDCPA violations, send cease and desist and debt validation letters on your behalf, represent you in negotiations, and file lawsuits against violating debt collectors to seek compensation for the harm they have caused [See “Suggested Ways Cannon Legal PLLC can help consumers with FDCPA Violations” section above, drawing from multiple sources]. We are experienced in consumer protection law and dedicated to protecting your rights.
Not necessarily. While FDCPA violations give you the right to sue for damages and potentially stop collection through those illegal means, the underlying debt may still be valid. However, FDCPA violations can be a strong negotiating point for settling the debt [Information not explicitly found in the provided sources but is general debt collection knowledge. If required to strictly adhere to sources, this answer could be rephrased to focus on the remedies for the violation].
Debt validation is your right to request that a debt collector provide proof that the debt is valid and that they have the right to collect it. This forces the collector to provide information like the original creditor, the original account number, and documentation of the debt. If they cannot validate the debt, they may be required to stop collection efforts.
There is a one-year statute of limitations from the date of the FDCPA violation to file a lawsuit [Information not explicitly found in the provided sources, but is general FDCPA knowledge. If required to strictly adhere to sources, this question might be omitted or phrased differently, e.g., “What is the timeframe for taking action on FDCPA violations? Consult with an attorney for specific deadlines.”].
- Yes, you have the right to sue a debt collector who violates the FDCPA. You can potentially recover statutory damages (up to $1,000 per violation), actual damages (like emotional distress or financial losses), and have your attorney’s fees and court costs paid by the debt collector if you win.
Document everything, including dates, times, names, and the details of the communication. You should also consider sending a written request for debt validation. It is advisable to consult with a consumer law attorney to understand your rights and options.
Common violations include: harassing phone calls, threats of legal action they cannot take, false statements about the debt, contacting third parties about your debt, and continuing to contact you after you’ve requested them to stop in writing.
The FDCPA is a federal law that protects consumers from abusive, unfair, or deceptive practices by debt collectors. It outlines what debt collectors can and cannot do when trying to collect a debt.
Contact Cannon Legal PLLC for a consultation to discuss your specific situation.
You have the right to send a cease communication letter to the debt buyer, demanding that they stop contacting you. Under the FDCPA, once they receive this letter, they can only contact you to acknowledge receipt or to inform you of a specific action they may take, such as filing a lawsuit.
Texas law generally prohibits the garnishment of wages for most types of consumer debt.
There is a statute of limitations on how long a debt can be legally enforced through a lawsuit. In Texas for contract debts, it is typically four years. If the statute of limitations has expired, the debt buyer generally cannot sue you to collect it. However, they can still try to contact you to collect voluntarily. You should be aware of the statute of limitations and assert it as a defense if you are sued on an old debt.
Yes, it is often possible to negotiate a settlement with a debt buyer for a lower amount than what they claim you owe. An attorney can help you with this negotiation process.
You must take the lawsuit seriously and file a written answer with the court by the deadline stated in the citation. Failure to do so can result in a default judgment against you. Contact us immediately to help you respond and explore your legal options.
Proof of assignment is documentation showing that the original creditor legally sold or transferred the debt to the debt buyer. Without proper assignment, the debt buyer may not have the legal right to collect the debt from you.
Do not ignore them, but do not provide them with personal information without verifying the debt. Request written verification of the debt, including the original creditor’s name, the original account number, and documentation showing you owe the debt and that the debt buyer owns it.
You have significant rights under the Fair Debt Collection Practices Act (FDCPA) and the Texas Debt Collection Act (TDCA). These laws protect you from harassment, false or misleading representations, and unfair collection practices. You have the right to demand proof of the debt and to tell them to stop contacting you.
A debt buyer is a company that purchases delinquent debts, often for a fraction of the original amount, and then attempts to collect the full balance from the consumer. These debts can include unpaid apartment rent or fees.
It is crucial to act quickly. There are deadlines for taking legal action, and the sooner you contact an attorney, the better your chances of a favorable outcome.
You can find information on the websites of the Texas Office of Consumer Credit Commissioner (OCCC), the Federal Trade Commission (FTC), and TexasLawHelp.org. However, for specific legal advice, it is best to consult with a consumer credit attorney like the Cannon Legal PLLC.
Do not resist physically. However, you can clearly state that you do not consent to the repossession and document the interaction, including taking videos or photos if it is safe to do so. Then, contact an attorney immediately.
It is important to discuss this with your attorney. Generally, ceasing all communication and payment after a wrongful act can sometimes complicate your legal position.
The Texas Debt Collection Act (found in the Texas Finance Code Chapter 392) prohibits certain unfair or deceptive practices by debt collectors, including actions taken during a repossession. Violations of this Act can be pursued under the DTPA.
Texas law regulates auto lending, including subprime loans. You have the right to receive clear information about the loan terms, including the interest rate and fees. You also have rights related to default and repossession.
Yes, if your repossession was wrongful, you may be entitled to damages, which can include the value of the loss of use of your vehicle (rental costs), damage to your credit, mental anguish, and the value of any personal property that was in the car.. In some cases, you may also be able to recover treble damages.
You should contact a consumer law attorney immediately to discuss your situation. Cannon Legal PLLC can review your case and advise you on potential legal action, including suing for damages under the Texas Finance Code and the DTPA.
A breach of the peace occurs when the repossession agent’s actions go beyond simply taking the vehicle and involve things like entering a locked gate, causing a disturbance, or using threats
A repossession may be wrongful if you were not in default according to your loan agreement, if the lender failed to provide proper notice, or if the repossession involved a breach of the peace