Expert Defense Against Debt Collectors
Debt collectors are agencies that recover money owed on delinquent accounts. When facing aggressive tactics or unfair practices, it’s crucial to know your rights. At Cannon Legal PLLC, we specialize in defending consumers against all types of debt collectors. Our experienced attorneys hold them accountable for harassment, inaccuracies, and violations under the FDCPA, ensuring your rights are protected every step of the way.
Texas Debt Collectors FAQ’s
- Apartment Debt Collection
- Auto Issues
- Debt Buyer
- FDCPA Violations
- Medical Billing & Collection
- Telecom
- Utility
The DTPA protects consumers against false, misleading, and deceptive acts or practices. If a medical provider engages in deceptive billing, misrepresents the cost of services, or acts unconscionably, it may be a violation of the DTPA.
Don’t let aggressive debt collectors or unfair medical billing overwhelm you. Let Cannon Legal PLLC help you navigate the complexities of medical debt and fight for a fair resolution.
Yes, you can be sued for unpaid medical debt. If this happens, it is crucial to respond promptly and seek legal advice to understand your potential defenses, such as statute of limitations or improper billing.
Generally, the statute of limitations for debt collection in Texas, including medical debt, is four years from the date of last activity on the account.
No. Under the FDCPA and TDCA, you have the right to demand a collector cease communication by sending a written request.
You are protected by both federal (FDCPA) and state (TDCA) laws, which prohibit collectors from engaging in harassment, making false or misleading representations, and using unfair collection practices.
You have the right to send a written cease communication letter to the debt collector under the FDCPA and TDCA. Once received, they can only contact you to confirm they are stopping contact or to notify you of a specific legal action.
Generally, no. In Texas, a landlord must follow a formal eviction process through the court, including giving a notice to vacate, to legally remove a tenant.
Yes, an eviction lawsuit that results in a judgment can appear on your rental report. Additionally, unpaid apartment debt that goes to collections can negatively impact your credit score. We advise on these potential impacts and explore defenses.
You must immediately file a written answer with the Justice Court by the deadline on the citation. Failing to file an answer can result in a default judgment against you.
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.
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.
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.
Yes, if your repossession was wrongful, you may be entitled to damages. This compensation 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.
Do not ignore the lawsuit. You must file a written answer with the court by the deadline stated in the citation to avoid a default judgment. Contact an attorney immediately to help you respond and explore your legal options.
No. Texas law generally prohibits the garnishment of wages for most types of consumer debt, including apartment debt.
For most consumer contract debts, the statute of limitations in Texas is typically four years. If the statute has expired, the debt buyer generally cannot sue you to collect it. However, they can still try to collect voluntarily, so you must assert this defense if you are sued on an old debt.
A debt buyer is a company that purchases delinquent debts, such as unpaid apartment rent or fees, for a fraction of the original amount and then attempts to collect the full balance from the consumer.
The FDCPA is a federal law. The Texas Debt Collection Act (TDCA) is a state law that offers additional protection to Texas consumers, and violations of the TDCA can often be pursued under the Texas Deceptive Trade Practices Act (DTPA), potentially leading to treble damages. Our firm is experienced in leveraging both laws for your benefit.
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 compels the collector to cease collection efforts until they provide verification of the debt, such as the original creditor and account number.
A cease and desist (or cease communication) letter is a written notice from you (or our firm) to a debt collector demanding that they stop contacting you. Once they receive this, the collector must stop all communication except to notify you of specific actions they may take, such as filing a lawsuit.
Yes. You have the right to sue a debt collector who violates the FDCPA. If you win, you can potentially recover up to $1,000 in statutory damages, compensation for actual damages (like emotional distress), and have your attorney’s fees and court costs paid by the debt collector.
A lawyer can provide expert advice on your rights, help you navigate the collection process, and potentially represent you if your rights have been violated or if you are facing a lawsuit.
Yes, we can assist you at any stage of the debt collection process, from the first call to responding to a lawsuit.
Generally, the statute of limitations for debt collection in Texas is four years from the date of last activity on the account.
Yes, utility providers or their debt collectors can file a lawsuit to recover unpaid debts. It’s important to respond to any lawsuit promptly.
The FDCPA is a federal law that protects consumers from abusive and deceptive debt collection practices nationwide, including those related to utility debt.
The TDCA is a Texas state law that regulates the actions of debt collectors, including those collecting utility debt, outlining what they can and cannot do.
Under the FDCPA and TDCA, you have the right to tell a debt collector to cease communication with you by sending a written request.
You should immediately dispute the debt in writing with the collection agency and request validation of the debt. We can help you draft and send these letters.
You have rights under the FDCPA and TDCA that protect you from abusive and unfair collection practices.
You have the right to dispute inaccurate information on your credit report with the credit bureaus. We can help you navigate this process.
Generally, the statute of limitations for debt collection in Texas is four years from the date of last activity on the account.
Under the FDCPA and TDCA, you have the right to tell a debt collector to cease communication with you by sending a written request.
You should immediately dispute the bill in writing with both the telecom provider and the collection agency, requesting verification of the debt.
The FDCPA is a federal law that protects consumers from abusive and deceptive debt collection practices nationwide, including those related to telecom debt.
The TDCA is a Texas state law that regulates the actions of debt collectors, including those collecting telecom debt, outlining what they can and cannot do.
You have rights under the FDCPA and TDCA that protect you from harassment and unfair collection practices.
Tired of Harassing Calls? You Have the Right to Fight Back.
Debt collectors often break federal and state laws, and we specialize in turning that abuse into powerful legal action that stops the calls and harassment. Cannon Legal PLLC enforces the FDCPA and TDCA, suing violators to seek damages and financial compensation, with attorney’s fees often paid by the collector.
