Creditor Harassment

As the number of Americans with outstanding debt has risen, so have the number of cases of collection agencies harassing individuals. Unfortunately, these collection agencies frequently break state and federal debt collection laws while trying to recover payment from individuals who are already in stressful financial situations.

Both the Texas Fair Debt Collection Practices Act (FDCPA) and the Federal Trade Commission (FTC) have set provisions in place to protect consumers against debt collection agency harassment. You have rights and do not have to deal with creditor harassment.

Contact the Texas creditor harassment attorneys at The Kherkher Law Firm PLLC to help put an end to the abuse from creditors and their collection agencies. Your voice deserves to be heard.

An Overview of Your Rights in Texas

The Texas Fair Debt Collection Practices Act and the Federal Trade Commission have given consumers a fighting chance against debt collection agencies. These organizations must abide by certain rules and regulations which also protect the properties and wages of debtors.

As per the FDCPA, debt collection agencies are not allowed to:

1. Misrepresent the Amount Owed: A debt collector may not use any misleading, deceptive, or false information regarding your debt.
2. Charge Additional Fees: Debt collection agencies cannot collect any amount (additional fees) not clearly authorized by the debt or confirmed by law.
3. Use Obscene or Foul Language: Any language used to harass, oppress, or abuse any person as a means of collecting the debt is not allowed. This includes the use of obscene or profane language.
4. Repeatedly Call You: Calling repeatedly with the intent to annoy the debtor is considered harassment. Calls should not be made at an inconvenient time and no debt collection calls are permitted except between the hours of 8:00 am and 9:00 pm.
5. Make Calls to Your Workplace: Even if the debt collector knows where your work, they are not allowed to make calls to your place of employment.
6. Make Threats of Violence: Threats of physical, reputation or property damage as a means to intimidate the debtor is illegal.
7. Make Threats of Garnishing Wages or Repossessing Property: Any threat to take legal action where it cannot be performed is not allowed.
8. Disclosure Debt to Third Parties: Without permission from the court or debtor, no personal information can be shared with third parties. The only persons who can obtain secure information regarding the debt owed include:
   • The consumer
   • The consumer’s attorney
   • Credit reporting agency
   • The creditor
   • The attorney of the creditor
9. Engage With You After Receiving a “Cease Communication” Notice: If a consumer declares their refusal to pay the debt and wishes to ‘cease communication’ with the collector, then further communication should come to an end. Communication must be terminated except to inform the consumer that the creditor intends to invoke a specific remedy for collection.

Additionally, the collection agency must send a letter of notice within 5 days of initial communication surrounding the debt. The notice should include the amount of debt, the name of the creditor to whom the debt should be paid, and a statement disclosing the 30 days allotted for disputing the validity of the debt.
The Texas creditor harassment attorneys at The Kherkher Law Firm PLLC are familiar with the illegal tactics collection agencies use to try to secure money from you. You are not alone in your battle. Contact us today at 713-244-6363 for the protection you deserve.

Steps to Take to Put an End to Collector Harassment

If you are experiencing harassment, here are 5 ways you can put a stop to this malpractice:

1. Write a certified letter to the creditor telling them to stop. Under the FDCPA, credit collecting agencies MUST stop calling you for collection if you request. Usually, this means that you intend to dispute the debt or file for bankruptcy. Otherwise, you may have to deal with collection calls but not to the point of harassment.
2. Record all calls and take note of time, date, and the name of the representative. If they continue to cross the boundaries of collecting, then you should begin to gather evidence of harassment. This includes recording calls and the details of each call.
3. Get a family or friend to witness the harassment, then write a statement. Have a witness take notice of your ongoing calls or mail correspondence from the collector. They can attest to the harassment you are undergoing.
4. Try to block the caller from your phone. Get help from your phone service provider. If calls are interrupting you at work, then try to block the number. As long as you are aware of your duties to repay the amount, then you do not need to be pestered by tactics meant to annoy you into obliging.
5. Keep written correspondence, such as letters, as evidence. The more you keep on file, the better. If you have blocked calls from the collection agency, or if your collector tends to reach out by mail instead, keep these records as proof that the collector is not abiding by the federal guidelines set in place. This could be sufficient enough to pursue legal action.

Once you have gathered the essential evidence that a collection agency is breaking the guidelines for collection, you may reach out to any of the following organizations to help you take action:

• Federal Trade Commission (FTC): Can help with complaints against a specific abusive agency.
• Texas Attorney General: File an online complaint form for assistance with this agency.
• Better Business Bureau (BBB): Contact to register a grievance against a specific business.
• The Association of Credit and Collection Professionals (ACA): This collection agency trade can bar agencies from becoming a member if they exhibit negligence.
• The National Association of Credit Advocates (NACA): This organization is represented by over 1,500 attorneys to protect individuals from the harassment of deceptive collectors.

These government organizations can help assist you with creditor harassment as long as you have viable proof of the creditor’s persistence. You should not have to deal with any deception, false information, or tactics meant to evoke fear. Keep records and detailed accounts of your interactions with the collection agency.

How The Kherkher Law Firm PLLC Can Stop Creditor Harassment

Unfortunately, even when you ask creditors and debt collection agencies to stop harassing you, they do not typically abide by your requests. Debt collectors are usually not intimidated by consumers as they typically suspect that average Americans do not have a firm understanding of their rights.

That’s why it is absolutely important that you seek the support of an skilled creditor harassment lawyer who can help put your abuse to an end. Challenging collection agencies on your own can be challenging, especially when you are dealing with other responsibilities and priorities.

When you choose the Texas credit harassment lawyers of The Kherkher Law Firm PLLC, find comfort in knowing that we will be with you every step of the way to protect your rights and get you back on the path to financial relief.

At The Kherkher Law Firm PLLC, we will take the following steps to stop your creditor harassment:

• Help you create a letter demanding that communication with you stop.
• Request validation of your debt including ensuring the calculations on your debt are correct.
• Send a letter to contest the debt should it prove to be incorrect.

If the collection agencies continue to bombard you with calls and letters, our attorneys may recommend filing a lawsuit. In order to develop the strongest case possible, we will:

• Review all relevant records and documents including logs of phone calls, letters, text messages, etc.
• Request a subpoena for these records if necessary.
• Utilize a supporting team of legal professionals to obtain information about the collector and investigate any illegal actions they may be taking.

In certain instances, collection agencies may attempt to collect on old debts. These debts may no longer apply to you and you may no longer be legally obligated to pay. In these scenarios, our Texas creditor harassment attorneys can help you with:

• Validating whether or not you are liable for the debt.
• Checking if the statute of limitations has passed; if the agency continues to seek out the debt, an attorney can help you to legally protect yourself.
• Request proof that the debt is credible and that you are responsible.
• Help you avoid having these old debts placed as new debts on your credit report.
• Send out official documents to the debt collection agencies to get them to stop harassing you.
• Represent you should in court should it be required.

Contact the Texas credit harassment attorneys at The Kherkher Law Firm PLLC today at 713-244-6363 for a no-obligation consultation. Your situation is serious and we are here for you when you need us most.

Compensation For Your Distress

Under the Federal Debt Collections Practices Act (FDCPA) and the Telephone Consumer Protection Act (TCPA), you may be eligible to recover damages. The amount you may recover is dependent on the frequency, duration, and veracity of the harassment.
Should you file a lawsuit against the collection agency, you may be able to collect additional damages for out-of-pocket costs as well as for emotional distress and damages related to the harassment, such as:

• Anxiety
• Embarrassment
• Humiliation
• Pain and Suffering

The FDCPA also allows for the recovery of attorney’s fees.
The Texas credit harassment attorneys at The Kherkher Law Firm PLLC are here when you need us most. Contact us today at 713-244-6363 for a no-obligation consultation.