Debt Collector Harassment in San Antonio, TX

Debt collector harassment is the intimidation, bullying, abuse, or coercion of consumers into paying off the money they owe. In San Antonio, Texas there are two things to consider when thinking about debt collection: harassment and misrepresentation. The presence of either of these things constitutes debt collector harassment and may require you to take legal action against the collector.

Debt Collector Harassment in San Antonio, Texas

Federal law only protects San Antonio residents from harassment by professional collection agencies and attorneys hired to collect debts. Fortunately, Texas law addresses actions taken by anyone trying to collect on a consumer debt, including the original creditor. These illegal business practices include:

  • Threatening to seize and sell your property if you don’t pay the debt
  • Implying they are a government agency
  • Threatening criminal prosecution
  • Calling continuously, or between 9:00pm and 8:00am

If you are a victim of any of these examples of harassment, you may have a right to sue the debt collector for violations of the Fair Debt Collection Practices Act (FDCPA). An experienced San Antonio attorney can help you identify your options and build a strong case.

Misrepresentations

Misrepresentations by a debt collector refer to someone making false claims or accusations or using false, deceptive, or misleading practices. This also includes misrepresenting any debt you may have. See some examples of this and other Illegal Debt Collection Practices below:

  • The amount of money you owe
  • False threats saying they will have you arrested
  • Saying they are an attorney if they aren’t one
  • Threats to do something that the debt collector has no intention of doing
  • Threats to take actions that are not within the confines of the law

If you think any San Antonio, TX debt collectors may have misrepresented themselves to you, it’s important to remember that you have options. Get in contact with an attorney that understands debt collector law.

Who Are Debt Collectors?

Most people don’t know what a debt collector is until they have one incessantly calling them about paying off debt. So, who are debt collectors? Who do they work for?

Collectors come from a debt collection agency that works with creditors who are owed debts. If you have outstanding debt in San Antonio such as credit debt, unpaid loans, and personal loans, your creditor may contact a debt collection agency. This agency then assigns a debt collector to your case.

The Better Business Bureau provides ratings and reviews for collection agencies operating in and around San Antonio. These agencies include:

  • SARMA
  • Account Services
  • Alternative Claims Management
  • Central Asset Bureau

What Should You Do If You’ve Been Harassed By a Debt Collector In San Antonio, Texas?

Step 1: Know Your Rights

If you think San Antonio debt collectors are harassing you, then it’s important to become familiar with the Basics of the Fair Debt Collection Practices Act. The FDCPA was passed in 1977 to protect consumers from collection agencies. If a debt collector violates any of the harassment or misrepresentation rules, the victim has a right to sue the collector for violation of the FDCPA.

Step 2: Collect Records

Have you been harassed in San Antonio, TX by a debt collector? If so, it’s important to begin to gather evidence.

Documenting a pattern of harassment is important if you are preparing to take legal action in San Antonio. The Consumer Financial Protection Bureau recommends saving all correspondence, even if it is disturbing. Specifically, you should save letters, envelopes, voicemails, texts, and emails. As well, you should always log the caller’s name, the company name and address, and the date and time of call.

You may be able to record conversations if the debt collector is calling from somewhere in Texas. This is because Texas is a one-party consent state. Alternatively, you can, and should, take comprehensive notes on every call.

Step 3: Remain Calm and Act Deliberately

When you’re being abused or harassed by a bullish San Antonio debt collector, it’s easy to get angry and act impulsively. Unfortunately, this can cause you to say or do something detrimental to your case. Instead, try to remain calm and make all your actions deliberate and well-thought-out. Not only will this be better for keeping your stress levels low, but it will prove helpful if you go to court. You can show that you were respectful and calm while the debt collector was the one using abusive language.

Step 4: Ask for Debt Verification

If you’re constantly getting phone calls from San Antonio, TX debt collectors harassing you about what you owe, you need to ask for debt verification. Not only will this show whether or not they are misrepresenting your debt, but the debt collector must also stop contacting you until they provide the information you requested. Debt verification should show the amount of debt you owe and the name of the creditor. You have 30 days to dispute the validity of the debt. If you don’t dispute the debt, the creditor will assume the debt is valid.

Step 5: Contact an Attorney

If you’re the victim of debt collector harassment, it’s time to stand up and fight back. You deserve to live a life free from abusive and repetitive phone calls. San Antonio attorneys that understand What to Expect When Suing for Debt Collection Harassment, and local debt collection laws, can help you make this possible. If the debt collector threatens to or does take legal action regarding your outstanding debts, working with an attorney becomes even more important.

Step 6: Present Your Case

By hiring an experienced San Antonio, TX debt collector attorney, you have a better chance of winning the lawsuit and getting financial compensation for abuses such as phone harassment.

If you are a victim of debt collector harassment in San Antonio, you only have one year to sue for damages. Be aware that the statute of limitations clock starts ticking from the date the harassment occurred. When you do file, it might be in US District Court, Western District of Texas or in Bexar County District Court. Consulting an experienced San Antonio attorney can help you determine the best jurisdiction for your case. Keep in mind that even if you win your harassment case, you may still have to pay the original debt.

Work With an Experienced San Antonio, Texas Debt Collector Harassment Lawyer

If you’ve experienced debt collector harassment in San Antonio, TX it’s time to put an end to it so you can move forward with life. There are laws in place to protect consumers from debt collectors. Legal assistance can help you to navigate these complex laws and defend yourself in court, if necessary.

Are you ready to find a debt collector attorney near you so you can finally fight back against the harassment? We can even help you connect with an attorney across Texas state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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