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Harassing, threatening, will not provide proof of debt.
Federal Fair Debt Collection Practices Act (FDCPA)
The most common complaint to the Federal Trade Commission (by far) year after year is complaints about debt collectors and/or collection agencies. In April of 2006 the FTC reported that it received 66,627 complaints against third-party debt collectors in 2005. This was more than any other industry and nearly six times the amount in 1999. It is also important to note that these collection agencies recovered over 39 billion dollars in 2005. Unfortunately most consumers do not know their rights regarding these collectors and simply put up with unacceptable conduct.
Common Violations:
• Constantly calling you at work when you have asked/told them not to.
• Revealing your debt to third parties.
• Leaving messages and not revealing they are a debt collector.
• Threatening a lawsuit when they do not intend on bringing one.
• Claiming that you can or will be arrested if you do not pay the debt.
• Claiming that a judgment will occur immediately if you do not pay.
• Claiming that they can garnish your wages if you do not pay.
• Claiming that they will put a lien on your house if you do not pay.
If you believe that you have experienced one more of these violations here are some immediate steps to take prior to contacting our office.
Write out a detailed summary of all violations including the date of the calls, the collection agency, the name of the person calling and the phone numbers they called from.
Save copies of all letters and notices from collection agencies.
Save all phone messages and voice mails.
Make note of your conversations with these bill collectors .
What kind of damages am I entitled to?
The FDCPA allows you to collect (if successful):
$1,000 of Statutory Damages .
Actual damages (you lose your job, or sustain some physical or mental injuries as a result of the unlawful collection practices) .
Attorneys fees and Costs .
The Texas Debt Collection Act (TDCA)
The Texas Act essentially mirrors the Federal Act but actually entitles you to more remedies. Unlike the Federal Act, the Texas act applies to both 3rd party debt collectors (like collection agencies) and the original creditors attempting to collect their own debt. A violation of the Texas Debt Collection Act is also a violation of the Texas Deceptive Trade Practices Act which provides for triple damages in certain circumstances.
HOW TO HANDLE DEBT COLLECTORS
If you get a call or letter from a collection agency about a debt you don't
think you owe, here's what to do:
Tell the agency in writing that you don't owe the debt and ask for proof.
Write within 30 days and send your letter by certified mail with a return
receipt requested.
Don't provide personal financial information, such as your Social
Security number, to debt collectors.
Don't pay any part of the debt — that can restart the statute of
limitations on debt more than four to six years old. Plus, a court could
interpret your payment as your admission that the debt is valid.
If the debt is really old, be skeptical. This kind of "Zombie" debt,
which may have passed through several agencies but refuses to die, could be
something that you in fact did pay long ago.
Don't let the agency harass you. If you send a letter telling it to stop
calling or writing, it must do so, except to tell you that it is no longer
trying to collect or that it's pursuing a legal remedy.
Contact Weston & Associates, PLLC if the agency still
presses to collect a debt it can't prove you owe.
It is important to note that just because a debt collector possibly violates a consumer statute, the debt that you owe is not forgiven simply by bringing a lawsuit against them. (However, it is possible to have the debt waived by the creditor during settlement discussions).
Even if you have decided to file Bankruptcy, and you qualify, it is possible to retain a cause of action to pursue against a debt collector after your debts have been discharged.
Once you have retained our office, or another licensed attorney to pursue these predatory debt collectors, they are no longer allowed to contact you personally.
If you believe that you have been victimized, do not hesitate, the statute of limitations for bringing a cause of action under the FDCPA is (One year) from the date of the violation. If you believe that you have been victimized by a debt collector please call us at 713-623-4242 or e-mail at mail@westonlegal.com.
Fight Back:
1- File a complaint with the State Attorney Generals, FCC, FTC, BBB for violations of the “Fair Collections and Recovery Act”
2- Have your attorney send them a registered letter “cist and desist order” or restraining order.
3- They are incorporated which means that you can sue them as a whole and you can sue each and every corporate officer individually. They are listed as: Charles Edward Brackett – President president@recoveryconceptsinc.com Sabrina Amber Brackett – Vice President Sabrina.brackett@recoveryconcepts.com , Rebecca Baca Ballor manager@recoveryconcepts.com and Randy Plemons randy.plemons@recoveryconceptsinc.com
4- They call and harass and threaten you, your place of employment, your wife, your neighbors and your relatives. Their relatives are as follows: Mary V Applegate 53, Anne D Bracket 78, Colin J Bracket 48, Matthew J Karla Bracket 49, Ronnie Meals 51, George Ronald Meals 52, Sharon Lynn Hensseler, William Bracket.
5- Charles Edward and Sabrina Amber Bracket, 1128 Emily Lane, Carrollton TX 75010. They since moved after their address was posted on the interenet. Now residing in Frisco TX. Younger Brother Collin Bracket does a lot of the phone threats and harassing over the phone using several aliases. He resides in Addison, TX
6- Randy Plemens, 146 Carmen Drive, Red Oak, TX 75154, relatives Sara Elizabeth Plemens, Jessica R Plemens, Raymond P Plemens.
7- Rebecca Baca Ballor, 6325 High Cliffs, The Colony, TX 75056, 972-370-4719 relatives Jeffery Darrell Ballor, Joey Ballor
8- Attorney Agent of Record: Stephen Niermann, Niermann and Olivo, 1622 E. Beltline Rd., Suite 100, Carrollton, TX 75006, 972-242-0924, 972-242-1754 fax, niermann.steve@niermannandolivo.com
I bet their attorney would love to hear all your complaints. Let him know how you feel about his client!!!!!!!!!!!!!!!!!!
I am repeatedly being harassed by this telephone number. They call early in the morning, dinner time, and late at night. Even on weekends. They play a static silent message if the phone is picked up, and then they hang up on you. If you do not answer, they leave a threatening voice mail message.
West Turner