Are you being sued or harassed by a debt buyer in Texas for apartment debt or other charged-off consumer debt?
Debt buyers purchase old debts, often for pennies on the dollar, and then aggressively attempt to collect the full amount—even when they can’t prove they legally own the debt.
At Cannon Legal PLLC, we are dedicated to protecting Texas consumers from aggressive and unlawful debt collection practices. We know the tactics debt buyers use, and we know how to hold them accountable under the law.
What Issues Are You Facing With a Debt Buyer?
You do not have to navigate this stressful situation alone. Many Texas consumers face the same problems every day:
- Constant phone calls or letters demanding payment.
- Threats or harassment from debt collectors.
- Being sued by a debt buyer for past-due rent or fees.
- Uncertainty about whether the debt buyer legally owns the debt.
- Concerns about errors or inflated amounts being claimed.
- Worry about the debt buyer’s impact on your credit report.
Our Aggressive Strategy Against Debt Buyers
1. Challenging Legal Standing (Proof of Debt)
The firm can help clients demand that the debt buyer provide documentation proving they legally own the debt, including the original contract and evidence of assignment. Without proper proof of assignment, the debt buyer may not have the legal right to collect the debt from you.
2. Defending Against Lawsuits
If you have been served with a lawsuit, you must file a written answer with the court by the deadline to prevent a default judgment. We can:
- Prepare and file a Defendant’s Original Answer.
- Assert critical affirmative defenses, such as lack of standing and the statute of limitations.
- Utilize discovery requests (like Requests for Production) to force the debt buyer to hand over all relevant documents, including assignment paperwork and account history.
3. Identifying and Leveraging Legal Violations
We assess whether the debt buyer has violated the Texas Debt Collection Act (TDCA) or the federal Fair Debt Collection Practices Act (FDCPA). These laws prohibit harassment, misrepresentation, and unfair practices.
- If they have violated the law, we can explore filing counterclaims against them.
- We can also send a formal Cease and Desist Letter to immediately stop unwanted communication and harassment.
4. Resolution and Credit Protection
- Negotiation: The firm can represent you in negotiations with debt buyers to attempt to reach a fair settlement for a reduced amount.
- Credit Reporting: We can advise you on how to dispute inaccurate information the debt buyer may have placed on your credit report.
Case Result Spotlight
We recently helped a client in Dallas facing an $11,384 debt lawsuit. The debt buyer couldn't provide legal proof of ownership, so we got the entire lawsuit dismissed. Not only that, but the negative mark was removed from their credit report. We fight for that same peace of mind for you.
Texas Debt Buyers FAQ’s
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.
