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Debt Collection Defense in Austin, TX
At the Law Office of Tyler Hickle, PLLC, I defend individuals who have been sued for credit card debt and/or alleged debt. Creditors are now selling debts in large quantities to “debt buyers”. These buyers purchase defaulted consumer obligations at low prices and file many lawsuits claiming ownership of the debts. They target consumers who are not represented or do not appear in court, hoping to profit from default judgments. If you’re faced with a similar situation, a debt collection defense lawyer in Austin, TX can help. Contact the Law Office of Tyler Hickle, PLLC now for a free consultation and to learn more about how I can help.
The Importance Of Working A Debt Collection Defense Lawyer Matters
Debt collectors are solely focused on getting back the owed money, and they may take legal action through a debt lawsuit as a last resort. However, there are usually several options available before a lawsuit is filed.
If you receive a debt collection lawsuit notification, it is important to respond promptly regardless of whether you believe you owe the debt or have a valid defense. Ignoring the notification may result in debt collection agencies placing levies on your bank accounts or placing a lien on your home. Additionally, if you fail to respond, the original amount owed may increase quickly due to the addition of interest, court costs, and legal fees by the debt collector. Typically, creditors will provide a specific deadline for your response, which is often determined by state law.
Although you may have a few weeks to respond, it is advisable not to procrastinate. It is recommended that you contact an experienced Austin debt collection defense lawyer as soon as possible. This will enable them to expedite fair debt collection, safeguard your rights, and provide guidance on the best approach. Failure to meet the deadline raises the risk of a default judgment, implying that the creditor has already emerged victorious. Not only does this eliminate any chance of having a case dismissed, but it reduces the impact of defense strategies, even with a skilled debt collection defense lawyer at hand.
What To Expect From Debt Collection Agencies
It’s best to avoid involving debt collectors whenever possible. However, in reality, people may struggle to keep up with payments to their creditors. This includes credit card companies, credit accounts, and auto loans. Falling behind on payments can cause problems, making it harder to get back on track.
If you owe a debt, a debt collector may use different methods to collect it, but going to court is usually the final option. Once your account is sent to a collection agency, contacting the credit card company or the original creditor directly may not be possible anymore. Try to make an agreement with the new creditors if you can. If not, you may receive a discovery request.
Limits to Contacting Debtors
The Federal Debt Collection Practices Act (FDCPA) places limits on how a debt collector can contact a debtor. There are limits to how often they can contact you and what they can say, but it’s common to engage in illegal practices like:
- Falsely threatening arrest.
- Harassing you such as using obscene language.
- Constantly calling you.
- Impersonating a government representative or attorney.
- Misrepresenting what you owe.
- Calling you too late in the evening or too early in the morning. (In Texas they cannot call you before 8:00 a.m. or after 9:00 p.m. unless they know that such times are more convenient).
- In Texas, state laws also prohibit debt collectors from garnishing your wages. Except for specific kinds of debt: spousal support, child support, student loans, or unpaid taxes. A debt collector cannot take from your wages for ordinary debts.
If debt collectors engage in illegal activities, they can be held responsible for any harm they cause to you. This could lead to a reduction or elimination of your debt and a payment of damages to you. Damages might include financial compensation for any emotional distress caused by their illegal practices.
Frequently Asked Questions
What Happens if a Creditor Sues You in Texas?
In Texas, if a creditor sues you, they can take extreme measures to make you pay back what you owe. One of these measures is putting a lien on your property which would give them the right to take the money from selling your property. To avoid such actions, seeking legal assistance from a debt collection defense attorney in Austin, TX can help reduce your debt and establish a feasible payment plan.
Do You Have to Pay a Debt Collector?
If you’re in debt, you can work out an agreement with the debt collectors to manage the amount owed without involving the court. Even if you acknowledge the debt, you may not be required to pay the full amount owed, especially if you’re experiencing financial difficulties. Your defense attorneys can communicate with the creditor’s lawyers to negotiate a reduction in the amount owed, elimination of interest and extra fees, or even dismissal of the lawsuit.
Your lawyer will assist you in exploring your options, which include making a payment to the debt collector or resolving the matter in court through a payment plan. It’s important to note that your attorney will also prioritize safeguarding your rights. Even if the odds are not in your favor, a debt lawyer can still aid you in avoiding serious consequences like bankruptcy in case of a creditor’s lawsuit.
Contact A Debt Collection Defense Lawyer in Austin, TX Now
If you have been abused by a debt collector, I can help. I sue debt collectors in state and federal court when they break the law. Debt collectors too frequently make threats or intimidate. Other times they harass and annoy. And they commonly try to collect more money than is actually owed.
I encourage my clients to file complaints with the Consumer Financial Protection Bureau and the Texas Attorney General. I also file suits against debt collectors who harm my clients. Initial consultations are free. Call me at (512) 289-3831.