Frequently Asked Questions - Debt Collection
What if I get a demand letter from Debt Collector?
Under both the Federal Debt Collection Practices Act the Texas Debt Collection Practices Act a
consumer may, within 30 days of receiving the demand letter, dispute in writing its accuracy
and request validation of the debt from the collector. If a consumer does not dispute the debt
the collector may assume the debt is valid and pursue further collection efforts.
What if I don’t owe the debt that is being collected?
Disputing the debt and requesting an investigation in writing from the debt collector may be
helpful. Further, a consumer should not provide personal information such as their social
security numbers to collectors, unless otherwise required, and diligence over your credit report
may also be helpful.
What if a debtor collector sues me?
Upon receipt of a lawsuit various deadlines are started. It is important to file a proper and
timely answer with the Court and serve the same on the debt collector’s attorney in accordance
with the law and the rules of procedure. Failure to file a legally proper and timely answer may
result in a default judgment against you or prevent you from defending the lawsuit in Court. It
is always suggested that you seek a competent attorney to represent you in any lawsuit.
What happens if the debt collector sends me discovery?
Discovery should always be properly and timely answered and returned to the requesting
party. Failure to answer discovery in accordance with law and the rules of procedure can
detrimentally effect presentment of your case to the Court.
What happens if the debt collector drops the lawsuit?
If a debt collector dismisses or drops their lawsuit, they nevertheless may be able to re-file it at
any time and restart the entire process again. Careful attention to any legal proceeding is
imperative and no lawsuit should be ignored under any circumstances. If another lawsuit is filed
against you involving the same subject matter as the previous suit you must again file a proper
and timely answer with the Court and serve the same on the debtor collector's attorneys in
accordance with the laws and the rules of procedure.
What happens if I lose at trial?
If you lose at trial you have the right to appeal. However, in order to appeal your must do so
within the time proscribed by the law and must also follow all requirements of the rules of
procedure. In almost every case a bond must be timely filed in order perfect the appeal.
A judgment was taken against me and I am receiving post-judgment discovery. What do
Post-judgment discovery must be timely and properly answered in accordance with the laws
and the rules of procedure. Failure to answer post-judgment discovery could result in Court
sanctions including fines, contempt proceedings, and even confinement for continued failures to
comply with Court orders to respond.
How do I get a credit report?
Free credit reports may be obtained by a consumer annually through the Federal Trade
Commission’s website. A link has been provided to that website for your convenience - FTC -
Annual Credit Report
|LAW OFFICES OF
ROBERT D. FRANKS
|NOTICE: The information contained on this website is provided
for purposes of educating the public. Neither this website nor the
information contained herein should be utilized as a substitution
or supplementation to services that could be provided by a
licensed attorney. It is recommended that all persons facing a
legal problem contact a competent attorney to represent them.
DEDICATED TO YOUR GOALS . . .
PASSIONATE ABOUT JUSTICE
Law Offices of Robert D. Franks | 512 S. 11th Street Richmond Texas 77469 | T: 281 242 2940 | F: 281 242 2958