Creditor Harassment and Debt Collection
Under Texas and Federal law, Debt Collectors:
a) cannot be obscene or harassing;
b) threaten arrest or criminal prosecution unless you have commited a crime (which almost never occurs);
c) threaten garnishment of wages in Texas (except for the IRS, student loans, and child support);
d) take your home in Texas except for property taxes on the home or properly documented unpaid mortgage or home improvements; or
e) discuss the unpaid debt with someone other than the debtor.
There are other violations as well. The list above is only a sample of some violations.
Documenting the Violation. Most contact by debt collectors occurs by telephone after an initial notice letter. If you think a debt collector has violated the law you should save any letters from the debt collector and save or record any phone messages. Texas law also allows you to record a telephone conversation to document these violations. If you think that the debt collection law has been violated you should also make a diary of the contact from the debt collector. Include the name and phone number of the debt collector and the date and time that he called. Be sure to write as much of the conversation as you can remember, using specific words if you remember them.
The law discussed on this site is Texas law pertaining to Texas situations. NO advice is given for any transaction or situation that does not involve Texas law.
Mr. Aschermann is licensed to practice law in the State of Texas and is board Certified in Consumer and Commercial Law by the Texas Board of Legal Specialization but Mr. Aschermann is not licensed to practice law in any state other than Texas.
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