FAQs

Q: A debt collector won't stop calling me even after I asked them to. What can I do?

You should send a formal cease communication letter via certified mail, referencing the FDCPA. Keep a copy of the letter and the mailing receipt. If the calls continue, contact our office; this could be a violation of federal law.

Q: What should I do if I think a lender has violated the MLA?

You should gather all loan documents and contact our office for a review. You can also file a complaint with the Consumer Financial Protection Bureau (CFPB) . Violations of the MLA can have serious consequences for lenders.

Q: I'm worried about losing my home while I'm deployed. What protections do I have?

The SCRA and Texas Property Code § 51.015 provide protection against foreclosure without a court order while you are on active duty and for a period after your service ends, for mortgages originated before your active duty.

Q: I took out a loan before I joined the military, and the interest rate is very high. Can I do anything about it?

Yes. Under the SCRA, you have the right to request that the interest rate on debts you incurred before active duty be capped at 6% for the duration of your service. You need to notify the lender in writing with a copy of your orders.

Q: I received PCS orders and need to break my apartment lease. What are my rights?

Under the SCRA and Texas Property Code § 92.017, you can typically terminate your residential lease without penalty by providing written notice and a copy of your military orders to your landlord.

Q: A debt collector is calling my commanding officer. Is this legal?

No. The Fair Debt Collection Practices Act (FDCPA) and the Texas Debt Collection Act (TDCA) prohibit debt collectors from contacting your chain of command regarding your debts. This is considered harassment.

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J. Gannon Helstowski Law Firm

Principal Office

5209 Heritage Ave, Ste 510

Colleyville, TX 76034

(800) 891-6988

FAQs

A debt collector won’t stop calling me even after I asked them to. What can I do?

What should I do if I think a lender has violated the MLA?

I’m worried about losing my home while I’m deployed. What protections do I have?

I took out a loan before I joined the military, and the interest rate is very high. Can I do anything about it?

I received PCS orders and need to break my apartment lease. What are my rights?

A debt collector is calling my commanding officer. Is this legal?

Get a complimentary personal consultation.

Other Practice Areas

Overview

J. Gannon Helstowski Law Firm