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Posts tagged "Creditors' Rights"

New law to protect debtors from some debt collection practices

It can be scary to face debt collectors. Creditor harassment is real, and it often leaves Texans on the edge of their seat frightened for their financial future. These debt collection practices may involve threats, late night phone calls and even personal visits that are intimidating in nature. The whole debt collection process can be embarrassing, too, especially when others find out about it and an individual continues to struggle to make payments.

The writ of garnishment and bankruptcy

Falling behind on debt payments can lead to a cascade of unwanted actions being taken against you. To start, creditors may harass you in an attempt to recoup the debt. Although there are certain laws placing limits on how far these creditors can go in their attempts to collect payment, they often overstep. If that harassment isn't enough, you may also find yourself subject to garnishment, which can really turn your financial well-being upside down.

Debt collectors seek to legally use texting and emailing

Creditors can be overzealous in their debt collection practices. Fortunately for consumers, state and federal laws, such as the Fair Debt Collection Practices Act, regulate many of these creditors' aggressive tactics. Yet, creditors often overstep their bounds, leading to harassment. Unfortunately, the debt collection industry is looking to increase its access to consumers by pushing for laws that allow for text and email communications.

Talk to an attorney to stop creditor harassment

Many Texas residents are struggling financially to make ends meet, and, as a result, they may not be able to make their credit card payments every month. Once you fall behind on your payments, it can be difficult to catch up. Meanwhile, you may have creditors bombarding you with phone calls, letters and e-mails. Creditor harassment is against the law, but that doesn't stop many creditors from going to extremes to get their money.

What happens if I don't pay my credit card debt?

Many families put a lot of extra charges on their credit cards during the holiday season, and it may be difficult for them to pay their credit card bill when the time comes. If you fail to make your credit card payments, the credit card company may eventually sell your account to a collection agency.

Protections from creditor collection and harassment

When struggling with debt and past due bills, it is important to be familiar with what creditors can do and what they cannot do. Though creditors have rights, it is important for struggling consumers to be aware that creditor harassment is illegal, that they also have important rights and to be familiar with the remedies available to them if they are suffering with creditor harassment.

Debt collection and Social Security benefits for debtors

Tyler residents approaching their golden years would like to be able to look forward to a well-deserved retirement. This time in one's life is meant to be spent enjoying each day as it comes, spending time with family -- perhaps children and grandchildren -- and appreciating a slower, simpler lifestyle. Unfortunately, as many are still carrying significant debt later in life, the question arises as to whether one's Social Security retirement benefits could be garnished by a collection agency.

Texas, federal laws prohibit certain collection tactics (Part 2)

Tyler residents are fortunate to enjoy the protection of robust laws protecting against unscrupulous efforts to collect debts. When it seems that creditors' rights take precedence over just about any other concern, it is important to understand just what these protections entail, whether at the state level - as we reviewed previously - or at the federal level.

Texas, federal laws prohibit certain collection tactics (Part 1)

Tyler residents struggling to manage their debt are likely familiar with the types of tactics employed by collection agencies. On the one hand, creditors' rights do include attempting to contact the debtor (within certain limits) and perhaps even selling one's debt to a third-party company to collect. But both state and federal laws regulate the practice of collecting debt. Let's take a look at these two levels of legal protection -- as a general background on the subject only, not specific legal advice.

How can a debtor be protected by an automatic stay?

Texas debtors who are facing a litany of issues due to financial struggles might feel overwhelmed. Once their debts have reached the juncture at which they can no longer pay them, it is inevitable that the collection calls will begin. This only compounds the fear that a debtor will need to address in addition to the financial woes. Fortunately, there are alternatives to put a stop to these calls and get back on better financial footing.

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