PRACTICE AREAS

Debt Collection Harassment

There's a right way and a wrong way to seek repayment of a debt. Unfortunately, some collectors go too far in what they're willing to do or say during the course of their efforts to extract a payment. Regardless of whether or not you owe money, you are protected by certain laws that prohibit collectors from using abusive, unfair or deceptive debt collection practices, such as:

  • Making threats of physical violence or harm

  • Using obscene, profane, or vulgar language

  • Disclosing information to third parties, like friends, family, or co-workers

  • Misrepresentation of the debt, such as the amount owed, or what actions are about to be taken or can be taken (empty threats of filing a lawsuit, garnishing your wages, or going to jail)

  • Repeatedly calling with the intent to annoy or harass

  • Calling you at work after you've told the caller you cannot get calls at work

  • Calling before 8 am or after 9 pm

  • Failing to disclose or lying about who they are or who they represent (including misrepresentations about government affiliation)

 

Sound familiar? Not sure if a collector crossed the line? Call or email today to find out whether you have a claim. You may be entitled to compensation.

Credit Reporting Errors

Having a complete and accurate credit report plays a vital role in a consumer's ability to obtain financing or even land a job. Often times, through no fault of the consumer, they are surprised to learn inaccurate and negative information is contained in their report. Even worse, the false and derogatory information can continue to be reported even after the consumer has attempted to fix it on their own, leading to an inability to purchase a home or even denial of a job. Sometimes credit reporting agencies report consumers as "deceased" even when they are alive and well. Federal and state law protects consumers from falling victim to this type of inaccurate credit reporting.

Been denied credit or a job due to false information? Need help correcting errors in your credit report? Call or email today. We can help correct your credit report and determine whether you're entitled to compensation.

Wrongful Repossession

Sometimes a creditor's records are not properly maintained and fail to accurately reflect your payment history or delinquency status, leading to a wrongful repossession. Even if you do fall behind on your auto loan payments, there are certain rules and limitations surrounding how the creditor can legally enforce its rights under the contract. If a creditor has routinely accepted late or partial payments, it has effectively waived the right to suddenly enforce the timely payment provision without first sending notice. Also, a creditor and its agents cannot breach the peace in an effort to repossess the vehicle and upon a legal repossession must sell it in a commercially reasonable manner.

Repo agent use physical force or other threatening means to take your vehicle? Were you making payments? Call or email today to find out whether the repo agent or finance company wrongfully repossessed your vehicle. You may be able to get it back and/or be entitled to compensation.

Deceptive Trade Practices

The Texas Deceptive Trade Practices Consumer Protection Act (DTPA) protects consumers, including individuals, partnerships, corporations, LLCs, against false, misleading, and deceptive business practices, unconscionable actions, and breaches of warranty. The coverage of the DTPA is broad and applies generally where a consumer seeks, or acquires by purchase or lease, any goods or services. 

Lied to during the course of negotiating a home or land purchase? Embattled in a billing dispute? Victim of a pyramid scheme? Vehicle towed under questionable circumstances? Call or email today to find out whether you have a claim and make the wrongdoer accountable.

Unauthorized Towing

The Texas Towing and Booting Act, Tex. Occ. Code 2308, governs the towing and booting of vehicles, including "non-consent" tows on private property, such as apartment complexes, shopping centers, and office buildings. There are specific notice requirements depending on where the vehicle is towed from and who is requesting the tow. "Towing Enforced" signs must meet the requirements set by statute restricting the content and form of the language - otherwise, the towed party may be able to challenge an otherwise permissible tow. 

If you've been towed, you may be entitled to a hearing to determine whether it was within the rules and compensation if a judge determines there was "no probable" cause to tow. Call or email today to find out whether you have a claim for the return of your vehicle or the fees and costs you paid to retrieve it.

Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until an attorney-client relationship has been established.

 

 

©2018 by Trista Johnson, Attorney at Law, 701 North Loop 336 East, Suite 106, Conroe, Texas, 77301. Proudly created with Wix.com