Weston & Associates, PLLC

713-623-4242

Houston Debt Lawsuit Attorney

How To Stop Collection Calls Even If You Owe The Debt:

Step 1: Know Your Rights.
Step 2: Document All Calls.
Step 3: Call Us. - (Texas Residents Only)
Step 4: Sue and Pay Nothing Unless We Recover.

Debt Collection News

May 23, 2012

Collection agencies sued for reporting disputed debts on man's credit report

SHERMAN - A Plano resident has filed a lawsuit against several collection agencies for reporting debts on his credit report after he disputed the debts' validity.

Clayton Taylor filed suit against Cavalry Portfolio Services, Equable Ascent Financial and the Retail Merchants Association Inc. doing business as Credit Bureau of Louisiana formerly known as Credit Bureau of Shreveport, on May 7 in The Eastern District of Texas, Sherman Division.

In January 2011, Taylor claims he discovered that the defendants were each reporting alleged debts on his credit report. He disputed the alleged debts with each debtor and they did not timely respond to the dispute letter, the suit states.

Taylor states that defendant Cavalry Portfolio Services dated a response within the appropriate time but sent the response beyond the applicable 30 days.

more...

Step 1: Know Your Rights

Generally it is a violation of the law for a Debt Collector to:

  • Constantly call you at work when you have asked/told them not to.
  • Reveal your debt to third parties.
  • Leave messages and not reveal that they are a debt collector.
  • Threaten a lawsuit when they do not intend on bringing one.
  • Claim that you can or will be arrested if you do not pay the debt.
  • Claim that a judgment will occur immediately if you do not pay.
  • Claim that they can garnish your wages if you do not pay. (exception for some student loans)
  • Claim that they will put a lien on your house if you do not pay.

Step 2: Document All Calls

  • Find out who is calling you
  • Write down all phone numbers (use the call log)
  • Save all voicemails
  • Consider a voice recorder* (it is not legal in all states to record)

Call Log

Texas Penal Code § 16.02: So long as a wire, oral or electronic communication — including the radio portion of any cordless telephone call — is not recorded for a criminal or tortious purpose, anyone who is a party to the communication, or who has the consent of a party, can lawfully record the communication and disclose its contents.

Thus, it is permissible to record a conversation in Texas if you are a party to the conversation - HOWEVER - if the other party is NOT in TEXAS, you may be subjecting yourself to the laws of that state.

Step 3: Call Us

  • Weston & Associates sponsors this website and can assist you in pursuing a debt collector.

Step 4: Sue and Pay Nothing Unless We Recover

  • If sucessful in an FDCPA claim, we are paid our attorneys fee's out of any settlement. You pay nothing to bring the lawsuit and you owe nothing to us if no money is collected.

Most FDCPA lawsuits are settled quickly by the debt collector to avoid rising attorneys fees.

In all likelihood you will not even have to make a court appearance.

What about a Cease and Desist Letter?

A Cease and Desist Letter (C&D letter) is often a temporary solution and may cause more harm than good. Generally, the Collection Agency will give the account back to the Original Creditor after receiving a C&D letter and the Original Creditor may decide to promtply bring a lawsuit against you. The best way to make the calls stop is to hit the collectors where it hurts - the pocket book.

 

SAMPLE LAWSUIT:

Below is an actual excerpt from a Federal complaint filed by Weston & Associates, PLLC against a Debt Collector

12. On May 14, 2007 the following recorded message was left on Plaintiff's home telephone answering machine:

**** this is Travis calling from******** you need to contact this law office concerning a case placed with this firm and I do need to advise you that this is not a bill collection or a sales call I need you to return my call as soon as possible at 1-800-***-**** and the extension is *** and most importantly you will need your case number which is case number ***** and failure to return this call is not an option and if I don't hear from you by today, then unfortunately I'm gonna have to go further with my litigation .. (Emphasis Added).

 

13. On May 15, 2007 the following recorded message was left on Plaintiff's home telephone answering machine:

***** this is Travis *** calling you back from the law office of ***** umm, it seems as if obviously you do not want to give us a call back and you do not want to comply with us, so at this point I'm gonna go ahead and give you 24 hours to give me a call back and within this 24 hours I'm going to have a uniform officer serve you at your house , my phone number is 1-800-***-**** extension *** and your case number is ****** and mam keep in mind that this is your last and final chance to resolve this before we go to the courts so please be advised that this the best situation for you to resolve this problem give me a call back within 24 hours, thank you. .. (Emphasis Added)

 

14. On May 27, 2007 the following recorded message was left on Plaintiff's home telephone answering machine:

***** this is Travis *** calling from the ***** law firm, umm this is my final message to you, it seems that as of right now you don't want to resolve this situation outside of court, so at this point I do need to get in contact with you so that we can set up a court hearing for you , my phone number is 1-800-***-**** and my extension is ***, and you are referring to case number ****** and failure to return this call will not prevent this case from going further so it is in your best interest to resolve this situation outside of court mam. .. (Emphasis Added)

 

15. On May 28, 2007 the following recorded message was left on Plaintiff's home telephone answering machine:

***** this is Travis *** contacting you back from the law office of ****** at this point we have not received any phone calls from you nor have we had any complying with you what so ever what we are going to have to do at this point is e-mail Harris County within 24 hours concerning this situation so that you can be subpoenaed to go into court , like I said mam, I have tried four times, maybe five times to contact you, unfortunately I have not received any call back or any complying with this situation, you need to keep in mind mam, this is a legal matter that needs that needs to be addressed immediately and we will continue to proceed with or without your cooperation so this is in your best interest to resolve this outside of court, my phone number is 1-800-***-**** and my extension is ***, again, your pending case number is ***** , mam if you do not want to comply with this situation and you want to send this to court don't even bother calling me but if you do want to settle this situation outside of court and you understand how important this situation is, then contact me back, like I said my phone number is 1-800-***-****the extension is ***, again the pending case number is ******, you have 24 hours, otherwise I will contact Harris county concerning this situation so we can see you in court . .. (Emphasis Added)

Locations

Focusing on Bankruptcy and Credit Card/Debt Collection Lawsuit Defense

Bellaire (Houston Area) - Principal Location

Weston & Associates, PLLC
5001 Bissonnet, Suite 200
Bellaire, Texas 77401 map
Phn - 713.623.4242
Fax - 866-579-6411
mail@westonlegal.com

 

San Antonio- by appointment only

Texas Credit Card Lawsuit Defense Attorney
Focusing on Credit Card/Debt Collection Lawsuit Defense

9901 I.H. 10 West
Suite 800
San Antonio, Texas 78230
Phn - 210.787.3539
Fax - 866-579-6411

 

Austin- by appointment only

Texas Credit Card Lawsuit Defense Attorney
Focusing on Credit Card/Debt Collection Lawsuit Defense

106 E. Sixth Street
Suite 900
Austin, Texas 78701
Phn - 512.782.4377
Fax - 866-579-6411

 

Dallas- by appointment only

Texas Credit Card Lawsuit Defense Attorney
Focusing on Credit Card/Debt Collection Lawsuit Defense

14001 N. Dallas Parkway,
Suite 1200
Dallas, Texas 75240
Phn - 214.329.9837
Fax - 866-579-6411

Principle Office, Bellaire Texas

Weston & Associates, PLLC, whose principal office is in Bellaire, Texas provides Debt Lawsuit Defense in all cities of Texas, USA including:

Houston, Pasadena, Baytown, La Porte, Channelview, Deer Park, Katy, Cypress, Tomball, Sugar Land, Pearland, The Woodlands, Galveston, Clear Lake, Kemah, Dickinson, Richmond, and Hempstead