I have bill collectors calling me night and day, what rights do I have?
If you are getting called by a third-party collector, or debt buyer, about debts that are not related to a business, you have significant rights. In addition to the rights provided by the Texas Debt Collection Act, you are also protected by the federal Fair Debt Collection Practices Act.
Under the Fair Debt Collection Practices Act (often referred to as “FDCPA”) you have the right to be left alone, to not get calls at work, to only be called after 8 a.m. and before 9 p.m. and much much more.
You can make the calls and letters stop in a heartbeat. Simply send them something like this debt collector cease and desist letter
. Make sure you send it via regular and certified mail so that you can prove they received it. It’s essential that you keep the green card showing that they received the letter. If they contact you again after you’ve sent them this letter, we would like to hear from you. It may make sense to file suit against them to get you left alone. If it got to this stage it would be critical that you keep every piece of mail that you receive. It’s also critical that you take notes of each conversation you have with them, noting the date and time of the call, with whom you spoke and the substance of the call. These suits don’t make you rich, but they do get you left alone and you don’t have to come out of pocket to pay for our time.
Keep in mind that getting the bill collectors to leave you alone does not make the debt go away, it only makes the harassment stop. To read the FDCPA in full go to www.ftc.gov/bcp/edu/pubs/consumer/credit/cre27.pdf.
If you need help dealing with creditors and want out from underneath your debt, we are here to help. We offer a free no-obligation, confidential consultation to discuss your personal situation. Please call (713) 961-9477 for immediate assistance or feel free to use our form below.