A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of the foregoing, the following conduct is a violation of this section:
"(6) Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if: (A) there is no present right to possession of the property claimed as collateral through an enforceable security interest . . . . (B) there is no present intention to take possession of the property."
Subject: Harris Texas — Letter Addressing Unfair Debt Collection Practices — Ceasing Nonjudicial Actions with No Present Right or Intent Dear [Debt Collector's Name], I hope this letter finds you well. I am reaching out to bring your attention to the unfair practices I have recently experienced during the debt collection process regarding my outstanding debt with [Creditor Company]. As per the Harris Texas Consumer Protection Act, I would like to inform you of my rights and request immediate cessation of any nonjudicial actions, or any threats thereof, where there is no present right or intent to exercise such rights. Firstly, let me bring to your attention the specific unfair practices I have witnessed during your collection activities: 1. **Unauthorized Nonjudicial Actions**: I have been notified multiple times of potential nonjudicial actions to be taken against me, such as wage garnishment or property seizure, despite there being no legal basis for such actions. These threats have caused undue stress and emotional distress. 2. **False Representation of Intent**: I have reason to believe that your agency has falsely represented its intent to pursue nonjudicial actions. This has further contributed to the anxiety and uncertainty surrounding my debt situation. 3. **Lack of Present Right**: It has come to my attention that there is no legal right currently vested in your agency to initiate or pursue nonjudicial actions against me. It is crucial to ensure that only the parties with the present legal right may exercise or threaten to take such actions. As a diligent debtor, I am aware of my rights protected under the Fair Debt Collection Practices Act (FD CPA) and the Texas Debt Collection Act. It is vital that you adhere to these laws and treat me fairly during the collection process. In light of the aforementioned unfair practices, I kindly request that you immediately cease any nonjudicial actions or the threat thereof, where there is no present right or intent to exercise such rights. I expect confirmation within [specified timeframe, e.g., 10 business days] that these actions have ceased and all threats regarding nonjudicial actions against me have been withdrawn. Furthermore, please provide assurance that my personal information will not be disclosed to any third parties, unless required by law. I understand the importance of safeguarding my privacy and expect your full cooperation in this matter. Please consider this letter as a formal notice outlining my objection to the unfair practices employed by your agency. Failure to address my concerns and comply with the above request may leave me with no choice but to pursue legal remedies available to me under the applicable consumer protection statutes. I strongly advise that you take this matter seriously and resolve it promptly to avoid any further legal repercussions. I expect a swift resolution and a written response regarding the actions taken to rectify this situation. Thank you for your immediate attention to this matter. I trust that you will handle my concerns with the professionalism and integrity that one would expect from a reputable debt collection agency. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address]Subject: Harris Texas — Letter Addressing Unfair Debt Collection Practices — Ceasing Nonjudicial Actions with No Present Right or Intent Dear [Debt Collector's Name], I hope this letter finds you well. I am reaching out to bring your attention to the unfair practices I have recently experienced during the debt collection process regarding my outstanding debt with [Creditor Company]. As per the Harris Texas Consumer Protection Act, I would like to inform you of my rights and request immediate cessation of any nonjudicial actions, or any threats thereof, where there is no present right or intent to exercise such rights. Firstly, let me bring to your attention the specific unfair practices I have witnessed during your collection activities: 1. **Unauthorized Nonjudicial Actions**: I have been notified multiple times of potential nonjudicial actions to be taken against me, such as wage garnishment or property seizure, despite there being no legal basis for such actions. These threats have caused undue stress and emotional distress. 2. **False Representation of Intent**: I have reason to believe that your agency has falsely represented its intent to pursue nonjudicial actions. This has further contributed to the anxiety and uncertainty surrounding my debt situation. 3. **Lack of Present Right**: It has come to my attention that there is no legal right currently vested in your agency to initiate or pursue nonjudicial actions against me. It is crucial to ensure that only the parties with the present legal right may exercise or threaten to take such actions. As a diligent debtor, I am aware of my rights protected under the Fair Debt Collection Practices Act (FD CPA) and the Texas Debt Collection Act. It is vital that you adhere to these laws and treat me fairly during the collection process. In light of the aforementioned unfair practices, I kindly request that you immediately cease any nonjudicial actions or the threat thereof, where there is no present right or intent to exercise such rights. I expect confirmation within [specified timeframe, e.g., 10 business days] that these actions have ceased and all threats regarding nonjudicial actions against me have been withdrawn. Furthermore, please provide assurance that my personal information will not be disclosed to any third parties, unless required by law. I understand the importance of safeguarding my privacy and expect your full cooperation in this matter. Please consider this letter as a formal notice outlining my objection to the unfair practices employed by your agency. Failure to address my concerns and comply with the above request may leave me with no choice but to pursue legal remedies available to me under the applicable consumer protection statutes. I strongly advise that you take this matter seriously and resolve it promptly to avoid any further legal repercussions. I expect a swift resolution and a written response regarding the actions taken to rectify this situation. Thank you for your immediate attention to this matter. I trust that you will handle my concerns with the professionalism and integrity that one would expect from a reputable debt collection agency. Sincerely, [Your Name] [Your Address] [City, State, ZIP Code] [Phone Number] [Email Address]
