Debt Collection FAQs
What types of debts are covered?
The
Fair Debt Collection Practices Act and the
Texas Debt Collection Act covers any debts that are incurred for “personal, family, or household purposes,” including money owed for the purchase of an automobile, for medical care, and for charge accounts.
Who is a debt collector?
Under the FDCPA, a debt collector is any person who regularly attempts to collect debts included in this definition are attorneys who collect debts on a regular basis. Texas law defines a debt collector as any individual attempting to collect a consumer debt.
May a debt collector record a phone call?
Yes. Federal law allows recording of phone calls and other electronic communications without informing the other parties that they are recording. Similarly, a majority of the states (including Texas) have enacted laws permitting individuals to record conversations to which they are a party without the consent of the other party.
Can you stop a debt collector from contacting you?
Yes. By writing a certified letter to the debt collector telling them to stop, you can get a debt collector to stop contacting you. Once the debt collector receives your letter, he/she may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Remember that sending such a letter to a collector does not make the debt go away if you actually owe it. For example, you could still be sued by the debt collector or by your original creditor.
May a debt collector contact anyone else about your debt?
Typically no. If you have retained an attorney, the debt collector must contact the attorney, rather than you. If you do not yet have an attorney, a debt collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.
What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe, the name of the creditor to whom you owe the money, and what action to take if you believe you do not owe the money.
May a debt collector continue to contact you if you believe you do not owe money?
Typically no. A debt collector may not contact you if send the collector a letter stating you do not owe money within 30 days after receiving the debt collector’s written notice. However, a collector can renew collection activities if he/she sends proof of the debt, such as a copy of a bill for the amount owed.
If believe you have been the victim of unfair debt collection practices, please contact FRENKEL & FRENKEL at 1-800-834-0000 today! You may be entitled to hundreds or even thousands of dollars in damages!
The Debt Collection information offered by Frenkel & Frenkel (Dallas, Texas) through the Debt Collection Abuse claimants' rights website is general in scope. No attorney client relationship with Frenkel & Frenkel (Dallas, Texas) or its attorneys for Debt Collection Abuse or other legal matters is hereby formed nor is the information herein intended as formal legal advice regarding Debt Collection Abuse and Harassment in Texas. Please contact a Dallas, Texas Debt Collection Abuse and Harassment lawyer regarding your specific inquiry
