Knowing Your Rights with Debt Collectors

 Posted on January 06, 2014 in Bankruptcy

Maybe you are waiting to contact a bankruptcy attorney because you think that the collection calls will stop. Maybe you are feeling overwhelmed and embarrassed by the situation. Rest assured that bankruptcy can happen to anyone and that you should not be afraid to reach out for help. One financial setback like the loss of a job or a serious accident can affect your finances dramatically. Once those phone calls start coming in, however, it can raise some questions about what creditors are and aren’t allowed to do or say when they are contacting you about a debt.

In Texas, your rights are protected under the Texas Debt Collection Act. This law outlines how and when creditors can contact you, but it is also stipulates what is illegal. This law is attempting to cut down on the abusive, unfair, or fraudulent debt collection attempts that have made life frustrating for individuals throughout Texas.

A debt collector cannot try to collect more than the amount that was agreed on, even if the agreement was not in writing. The only way that a debt can be increased is through attorney fees, service fees, collection fees, or investigative fees if these are within a written contract. If you receive notice that a debt collector is coming after you and you dispute the debt, you must do so in writing.

If the debt is legitimate, sometimes debt collectors might engage in abusive behavior in an attempt to threaten you into paying. They are forbidden from threatening violence, making repeated calls anonymously, using obscene language, threatening arrest, or falsely accusing the debtor of fraud or any other crime.

You can make the collection calls stop if you are ready to move forward with your bankruptcy. Whether you have tried in good faith to keep up with the payments or you are just unable to make the payments, bankruptcy can stop your collection calls and get you back on the right financial track. Contact a Texas bankruptcy attorney today for more information.