Debt Collection: Your Rights, Your Options

By Author: Tiffany.Adams
Total Articles: 2
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With the economy suffering and an increasing amount of people out of work, it's no surprise that more people are falling behind on their payments. Incessant collection calls can be both embarrassing and upsetting. Learn your rights and your options for relief. With the economy suffering and an increasing amount of people out of work, it's no surprise that more people are falling behind on their payments. Incessant collection calls can be both embarrassing and upsetting. While creditors certainly have the the right to collect, you are offered some protection under the Fair Debt Collection Practices Act. In Texas, you are further protected under the Texas Debt Collection Act. A creditor may contact you, or may sell the debt at a reduced rate to a debt collector—regardless of what party is attempting to collect, there are certain inappropriate behaviors and it's important to know your rights. Collectors MUST: Creditors must identify who they are and why they are calling. If you request the name and address of the original creditor they must give it you within thirty days. They must provide proof of the debt, if requested, ...
... also within thirty days. They must also notify you of your right to dispute the debt. If you choose to do so, you must request it in writing, and during that thirty day investigation period they must not attempt to contact you. Collectors MUST NOT: Collectors are expected to behave in a reasonable manner and are prohibited from abusive and deceptive conduct. Collectors are not allowed to call you outside the hours of 8am to 9pm, and must not repeatedly call in an attempt to harass you. They must not use profanity or abusive language, or threaten unrealistic legal action or arrest. They also cannot misrepresent themselves as a member of law enforcement or an attorney. If you do have known representation in the matter, collectors must not contact you. Once you have notified a collector that you prefer not to be contacted at work, they must not attempt to reach you there, nor can they discuss the nature of the debt with outside parties, other than your lawyer or spouse. These are the primary do's and don't designated for your protection. However, even if a collector abides by these rules, if the debt is legitimate, then you still owe it! If you are simply unable to pay, you do have options. The first is to attempt to negotiate with the collector, for example, offer to pay a reduced amount or participate in an extended payment plan. Unfortunately, this is rarely successful, and the best option for many may be to file for bankruptcy. Once you are under the protection of the court, creditors are notified and must discontinue all attempts to collect immediately.
Texas is very bankruptcy-friendly, offering greater protection than most states. In Texas, over 100,000 people declared bankruptcy last year to get the fresh start they needed. Contrary to what many believe, your credit is not permanently damaged and you will still be able to have credit. There are two types of bankruptcy, and a knowledgeable bankruptcy lawyer can educate you as to your options in Texas. At the Malaise Law Firm, our Texas bankruptcy attorneys have over forty years experience helping people file bankruptcy. We serve clients in San Antonio, Houston, Corpus Christi, Harlingen, Brownsville and McAllen. If you are being harassed by creditors, we encourage you to call for a consultation. Bankruptcy can offer relief from your credit problems, but may or may not be right for you and your situation. We are committed to helping our clients do what is in their best interest.