ebt Collectors Are Regulated By State And Federal Law And One Of The Big NO-NO’s Is For Them To Call Third Parties, And Tell Them That You Owe A Debt. Much Less Call Your Boss!
A debt collector recently had to write a sizable check to one of my clients, and pay my attorney fees, for doing just that! We had to sue the company in federal court. The debt collector called my client’s workplace (before my client had hired me), and after my client said that he couldn’t afford to pay the debt, the debt collector called back and spoke to his co-workers, and his boss, and told them all that my client owed a debt, that he was refusing to pay it, and that they should tell him to pay it right away!
THIS KIND OF BEHAVIOR IS NOT PERMITTED BY THE FEDERAL FAIR DEBT COLLECTION PRACTICES ACT (FDCPA) OR OUR TEXAS STATE LAW, THE TEXAS DEBT COLLECTION ACT. WHAT KIND OF PRACTICES ARE DEBT COLLECTORS NOT ALLOWED TO DO?
Harassment. Debt collectors may not harass, oppress, or abuse you or any third parties they contact. For example, they may not:
use threats of violence or harm;
publish a list of names of people who refuse to pay their debts (but they can give this information to the credit reporting companies);
use obscene or profane language; or
repeatedly use the phone to annoy someone.
False statements. Debt collectors may not lie when they are trying to collect a debt. For example, they may not:
falsely claim that they are attorneys or government representatives;
falsely claim that you have committed a crime;
falsely represent that they operate or work for a credit reporting company;
misrepresent the amount you owe; or
indicate that papers they send you are legal forms if they aren’t; or
Debt collectors also are prohibited from saying that:
you will be arrested if you don’t pay your debt;
they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law to take the action and intend to do so; or
legal action will be taken against you, if doing so would be illegal or if they don’t intend to take the action.
If a debt collector has committed any of these prohibited acts against you, call and speak to Mr. Black at 713-772-8037, or email him at [email protected] ■
To open a business is very easy. To keep it open is very difficult. —Chinese proverb
Graduation speeches were invented largely in the belief that college students should never be released into the world until they have been properly sedated.
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A little humor –The Seeing Eye Dog Edition
A man walked into a bar with his dog. The bartender took one look at the two of them and said, “You can’t bring that dog in here!” The guy, without missing a beat, replied, “This is my seeing-eye dog.”
“Oh,” the bartender said, embarrassed. “I’m sorry. Here, the first one’s on me.” And he gave the man a drink.
A few minutes later another man entered the bar with a Chihuahua. The bartender frowned, suspicious. “Hey, you can’t bring that dog in here!”
The second man said, “But this is my seeing-eye dog.”
The bartender said, “I don’t think so. They don’t use Chihuahuas as seeing-eye dogs.”
The second man paused for a half-second and then said, “What? They gave me a Chihuahua?” ■
CONGRATULATIONS TO MR BLACK!!
Mr. Black celebrates his 29th anniversary as an attorney this month of May, 2011. He was first licensed as an attorney by the Supreme Court of the State of Texas in May, 1982.
NEED HELP SEEKING A LOAN MODIFICATION?
Due to cuts to federal programs designed to assist homeowners, our law office will be providing Loan Modification assistance to a limited number of our clients that are in Chapter 13 bankruptcy. We will seek payment for services through the Chapter 13 plans, or directly from the clients, to the extent permitted by the Bankruptcy Court. If your monthly mortgage payment is too high and you want to see if a Loan Modification would help you, call the office and talk to Mr. Black or Rob.
Call Us If You Need Us. We Also Welcome Referrals —
Are bill collectors threatening to take your home or garnish your wages? Are they threatening to do anything else that they are not allowed to by law?
Facing a foreclosure or repossession? Is the I.R.S. threatening to levy your wages or other property? If any of these situations describes you, contact Mr. Black at 713-772-8037 or make an appointment to go see him. ■
ARE YOU IN CHAPTER 13 NOW?
Always keep the law office updated with your current address, telephone numbers, and email address. We may need to reach you quickly.
You can check on the status of your Trustee payments, how much you still owe on your case, etc., by going to www.13datacenter.com to set up your user ID and password.
Lose job or overtime? Expenses increase? Want to give up property to lower payments? Call the office for a Motion to Modify worksheet. Complete it and fax it to the office at 713-772-5058. We’ll review it and contact you if a change to your plan is possible.
J. Thomas Black was licensed as an attorney in Texas by the Texas Supreme Court in May, 1982. Mr. Black is Board Certified in Consumer Bankruptcy law by the Texas Board of Legal Specialization.