[Patty2222]

My question involves collection proceedings in the State of: Texas

We had two companies violate the act protecting against bad collection practices - how do you go about wording the law suit? I suppose small claims. They owe $1,000 per violation.

Thanks.

[NASCAR_Devil]

My question involves collection proceedings in the State of: Texas

We had two companies violate the act protecting against bad collection practices - how do you go about wording the law suit? I suppose small claims. They owe $1,000 per violation.

Thanks.

Actually for FDCPA violations, it is up to $1000 per action, not per violation. Research the Texas Finance Code Chapter 392 for TX debt collection laws:

http://tlo2.tlc.state.tx.us/statutes....000392.00.htm


You may also bring suit under Chapter 17 of the Business and Commerce code for Deceptive Trade Practices. That would allow for treble damages:

http://tlo2.tlc.state.tx.us/statutes/bc.toc.htm

What were the violations?

[Patty2222]

Oh thanks, so what is considered an "action" ?

I have to look up what they did, it's my dad's account and I'll have to ask him for the file. Seems as though it was threats and harrassment? I know that when he sent it to the Attorney General, they said he had a case, but he'd have to do it for himself.

If knowing what they did would allow you to provide something from your experience, I'll be back with the info when I have it. Thanks!

[NASCAR_Devil]

Oh thanks, so what is considered an "action" ?

I have to look up what they did, it's my dad's account and I'll have to ask him for the file. Seems as though it was threats and harrassment? I know that when he sent it to the Attorney General, they said he had a case, but he'd have to do it for himself.

If knowing what they did would allow you to provide something from your experience, I'll be back with the info when I have it. Thanks!

The action would be the suit, regardless of how many documented violations you have you can only sue them once. Depending on how egregious the FDCPA violations and how well documented they are, the judge could only award maximum of $1000. He could only award $1. Now if you can quantify the damages caused in terms of a dollar amount, it would help you case much more and you could end up in a much better position. Was he denied credit due to the actions of the CA? Is he paying a rapatious interest rate because of the actions of the CA? You might also look and see if there are any FCRA violations. You can sue for FCRA violations and that would be per violation, not action.