Austin Fair Debt Collection Practices Act (FDCPA) Lawyers
Protecting you from harassing creditors
Are you dealing with harassing calls from creditors? Constant badgering and automated calls?
You do not have to tolerate creditor harassment. You have rights, and our attorneys can help you.
At the Mastriani Law Firm in Austin, TX, we sue creditors under the Fair Debt Collection Practices Act (FDCPA). Our lawyers combine extensive knowledge and an aggressive litigation approach to ensure our clients have the full protection available to them under the law.
About The Fair Debt Collection Practices Act
The FDCPA is a federal regulation passed in the 1970s. Its primary purpose is to protect debtors from overly aggressive, harassing debt collectors. Through various amendments over the years, the FDCPA protects clients against all types of FDCPA violations.
The Power To Fight Back Creditors in Austin
The FDCPA gives people like you the power to defend yourself and fight back against creditors who are harassing you. Our lawyers can look over your situation to uncover potential violations of the FDCPA or other similar regulations. We can force debt validation if you feel like a creditor is trying to collect on an invalid debt, and we can find a number of ways to stop creditor harassment.
Although every licensed creditor or collection agency should be well aware of the laws prohibiting certain collections actions, they continue to violate the laws and harass debtors. Our firm sues these entities and protects our clients from creditor harassment.
Typical FDCA Violations Your Likely Seeeing in Austin, TX
Though the FDCPA is a very technical statute and there are hundreds of ways that the statute can be violated, we have listed some of the most common violations for your convenience.
Talk to a lawyer from our firm as soon as possible if you have experienced any of these from a collector:
- Call you before 8am.
- you after 9pm.
- you at work more than once.
- Call third parties (the only person debt collectors can contact on multiple occasions apart from you is your spouse if you have one) more than once to try to locate you.
- Tell anyone else (apart from your spouse) that the collector is trying to collect a debt from you.
- Contact you after you have written to the debt collector and asked them not to contact you (there are more effective ways of doing this than merely sending a letter – for more information contact Kazerouni Law Group, APC today).
- Try and collect on a debt that is not valid [you would be surprised to know that this happens very frequently – usually the alleged debtor never owed the money or had settled the debt a long time ago and the debt collector is trying to double dip].
- Debt collectors cannot lie to you or use deceptive methods in trying to collect a debt (this is very vague and can be a great tool for you).
- Leave a message on an answering machine without saying that the collector is trying to collect a debt; he must leave his name and his company.
- Say or imply anything about arrest, going to jail, or the like.
- Threaten to sue you when the collector has no intention of doing so [this usually happens when you have been given a deadline to do something (usually make a payment) and if the deadline goes and they have not sued you, that is a violation].
- Threaten to garnish your wages without explaining that first the creditor must file suit and get a judgment.
- Say or imply anything about taking cars, furniture, or any other property and putting liens against your property – again a debt collector has to first sue you and obtain a judgment against you before it can do this.
- Sue you on the debt except a) where you live now or b) where you entered into the debt agreement.
- Embarrass you by saying things like: "You are a deadbeat; why don't you pay your bills; you are a disgrace; why don't you get rid of your spending spouse." Things like that.
- Use profane or other abusive language.
- Shout, scream, or get angry with you.
- Give the impression that the caller or his company has some connection with the government, the courts, the police, other law enforcement, etc.
- Try to collect the wrong amount: add small fees, for instance.
- Threaten to deposit a post-dated check, particularly when the collector knows you do not have the money to cover the check. Typical situation: "Give us a check to stop the calls and we will hold it." The perfect response to this should be: "The check is in the mail."
- Call you repeatedly. A call a week is OK. More than one call a week is harassment. Certainly more than one call in the same day is an abuse, particularly if you hang up and the collector calls right back.
- Call you or anyone else (looking for you), after the collector knows you have an attorney.
- Ask you to pay more than you owe.
- Ask you to pay interest, fees, or expenses that are not allowed by law.
- Call at times the collector knew or should know are inconvenient.
- Use or threaten to use violence if you don't pay the debt.
- Threaten action they cannot or will not take – an example of this is when the statute of limitations has passed and they threaten you with a lawsuit when that it is not a remedy to the collector at law.
Even if you have experienced some type of harassment not listed here, there is a chance you still have a claim. Our lawyers know the law and we can determine whether you have a viable case.
Contact the Mastriani Law Firm ∙ Free Case Evaluations
Talk with an attorney from our firm free of charge by calling 713-965-7595 or sending us an email.