Can I sue a debt collector for emotional distress?

The federal and California fair debt collection laws both provide that a consumer who wins his or her case can recover "actual damages". The most common form of actual damages in fair debt collection cases is emotional distress (such as anxiety, fear, nervousness and loss of sleep).

How to file a complaint against a debt collector in Texas?

If you have a complaint about a professional agency or a third-party debt collector, you may wish to call the Texas Attorney General's Consumer Protection Helpline at 800.621. 0508. That agency accepts complaints of this kind and has additional information about debt collection.

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Verified Complaint for Replevin or Repossession

Complaint Repossession With Credit Card In Houston

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Civil Actions - Replevin

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US-000265

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This form is a Verfied Complaint for Replevin. The plaintiff has filed this action against defendant in order to replevy certain property in the defendant's possession.

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The Office of Consumer Credit Commissioner (OCCC) licenses and regulates non-depository lenders providing consumer loans to Texas residents. We also register creditors who sell goods or services on credit terms.

If they sue and get a judgment against you, it is possible they can take cars and belongings to satisfy the judgment, but there is a legal process for that. The important thing here is to not ignore the issue. If you don't respond, the creditor may get a default judgment that they can attempt to collect.

The federal and California fair debt collection laws both provide that a consumer who wins his or her case can recover "actual damages". The most common form of actual damages in fair debt collection cases is emotional distress (such as anxiety, fear, nervousness and loss of sleep).

You need to respond to the summons with what is called an Answer. You can go to the clerk of courts and ask to see a case file involving a credit card debt where an Answer was filed and copy the form, but changing the details (eg name and case number) to copy what was in your summons.

The only thing you should ever say to debt collectors is ``what is your address''. Get it and then hang up. Write them a letter saying that any form of contact other than mail is inconvenient for you. Also state that you have no knowledge of the debt, and ask them to verify it with the original creditor.

Debt collectors cannot repossess your possessions if the debt is unsecured, such as a credit card or student loan. In the case of secured debt, however, particularly auto loans, for which the car is collateral, failure to make payments can result in repossession of the vehicle.

Some collectors want 75%–80% of what you owe. Others will take 50%, while others might settle for one-third or less. So, it makes sense to start low with your first offer and see what happens. And be aware that some collectors won't accept anything less than the total debt amount.

If you have a complaint about a professional agency or a third-party debt collector, you may wish to call the Texas Attorney General's Consumer Protection Helpline at 800.621. 0508. That agency accepts complaints of this kind and has additional information about debt collection.

When your car is repossessed, your lender must sell the vehicle in a “commercially reasonable manner.” Once the car is sold, the lender must reduce your loan by the amount sold. If you still owe on your loan AFTER the sale, you have a “deficiency” and can be sued for the amount.

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If a debt collector threatens to take your home or garnish your wages, you may be the victim of a debt collection scam. File a complaint with us immediately.If you have a general question you can contact our Consumer Assistance helpline and speak with one of our Investigators 1-800-538-1579. This article explains when and why your vehicle or property can be repossessed, your rights, and how you might get the property back. For Texas residents, it's important to contact a car repossession attorney immediately. If you have complaints about the collection practices of an OCCC licensed lender, please call the Consumer Assistance Helpline at 800.538. This article explains your rights and options under the law if you are facing debt collection. This article will make the process of responding to a debt lawsuit a little bit easier and tell you how to answer a summons for debt collection in Texas. In a couple of years this falls off your credit… rinse repeat :). Sorry it was on a cold day - that's mean.

Complaint Repossession With Credit Card In Houston

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Can I sue a debt collector for emotional distress?

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Can credit card companies repossess your car?

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How to file a complaint against a debt collector in Texas?

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