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Stress. Fear. Panic. Helplessness.
These are all feelings that at one point or another you may have experienced at the mere mention of a debt collector, or debt collection agency. But as a resident ofTexas Texas; and a citizen of the United States, you are afforded certain protections under the Fair Debt Collection Practices Act. There are many rumors and myths concerning fair debt collection practices, and there are many websites and companies that claim to be able sell you guides on how to protect yourself under the Fair Debt Collection Practices Act; however only an experienced bankruptcy attorney or debt settlement attorney can adequately represent your legal debt collection rights in Texas.
Third party credit card collection agencies can use harrassing tactics that can leave you with all of the feelings mentioned above. Contacting our experienced debt settlement and bankruptcy attorneys can help put an end to these feelings; however, there are a few simple steps you can take now to breathe easier by knowing your rights under the Fair Debt Collection Practices Act and know how to represent clients in Texas.
Your Rights Under Texas & US Fair Debt Collection Practices
- Third party debt collectors may not use profane or threatening language in attempting to collect any debt
- Collectors must identify themselves as debt collectors and are calling with the attempt to collect a debt
- Debt collection agencies may not represent themselves as attorneys
- Attempts to collect a credit card debt (or any debt) may not include threatening incarceration of any kind including threats of arrest, jail or prison time
- Debt collection agencies may not call you at work if your employer does not allow these types of calls
- Collectors may not call you before 8am or after 9pm either at home or at work
- Collection agencies may not disclose any information to anyone regarding your personal debt or financial information
- Collectors may not mail, email, or fax any document that has the appearance or words of that of a legal document
- May not threaten your personal property or home
If you have been contacted by any debt collection agency or firm attempting to collect a debt, please contact the legal offices of Johnson-Bryan immediately. These include the agencies below that you and many of your neighbors inTexas are familiar with. Collection agencies denoted with an asterisk(*) have recently been the subject of Fair Debt Practices Act violation investigations and have received warnings or penalties for illegal or questionable debt collection practices.
- *Asset Acceptance (AAC)
- *Sherman Acquisitions/Sherman Financial Group/Alegis NCO Group
- *Portfolio Recovery Assoc
- *Asta Funding
- *Encore Capital Group (parent of Midland Credit Mgmt)
- Allied National/Interstate Risk Management Alternatives (RMA)
- JBC & Associates
- Arrow Financial Services (majority interest acquired by Sallie Mae 9/04)
- RJM Acquisitions
- *CAMCO (Capital Acquisitions & Managment Company)
- Cavalry Portfolio Services
- Unifund Group
- Phoenix Asset Acceptance
- First Select Corporation (part of Providian)
- Collins Financial Services
- Oliphant Financial Corp.
- OSI Portfolio Services