FAQs

Q: What are some common examples of FDCPA violations?

Common violations include: harassing phone calls, threats of legal action they cannot take, false statements about the debt, contacting third parties about your debt, and continuing to contact you after you've requested them to stop in writing .

Q: What is the Fair Debt Collection Practices Act (FDCPA)?

The FDCPA is a federal law that protects consumers from abusive, unfair, or deceptive practices by debt collectors. It outlines what debt collectors can and cannot do when trying to collect a debt.

Q: Where can I get help dealing with apartment debt buyers?

Contact J. Gannon Helstowski Law Firm for a consultation to discuss your specific situation.

Q: How can I stop a debt buyer from harassing me?

You have the right to send a cease communication letter to the debt buyer, demanding that they stop contacting you. Under the FDCPA, once they receive this letter, they can only contact you to acknowledge receipt or to inform you of a specific action they may take, such as filing a lawsuit.

Q: Can a debt buyer garnish my wages for debt?

Texas law generally prohibits the garnishment of wages for most types of consumer debt.

Q: What if the debt is very old?

There is a statute of limitations on how long a debt can be legally enforced through a lawsuit. In Texas for contract debts, it is typically four years. If the statute of limitations has expired, the debt buyer generally cannot sue you to collect it. However, they can still try to contact you to collect voluntarily. You should be aware of the statute of limitations and assert it as a defense if you are sued on an old debt.