Re: SOL Texas
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Posted by Bob3
(216.99.247.195) on September 24, 2003 at 08:44:20:
In Reply to: SOL Texas posted by Mike on September 23, 2003 at 15:55:28:
Texas has it's own Debt Collection Act. And a violation of it is a criminal act. Even an OC has to abide by parts of it. TEXAS FINANCE CODE
TITLE 5. PROTECTION OF CONSUMERS OF FINANCIAL SERVICES.
CHAPTER 392. DEBT COLLECTION
SUBCHAPTER A. GENERAL PROVISIONS § 392.402. Criminal Penalty
(a) A person commits an offense if the person violates this chapter.
(b) An offense under this section is a misdemeanor punishable by a fine of not less than $100 or more than $500 for each violation. § 392.403. Civil Remedies
(a) A person may sue for:
(1) injunctive relief to prevent or restrain a violation of this chapter; and
(2) actual damages sustained as a result of a violation of this chapter.
(b) A person who successfully maintains an action under Subsection (a) is entitled to attorney's fees reasonably related to the amount of work performed and costs. § 392.306. Use of Independent Debt Collector. A creditor may not use an independent debt collector if the creditor has actual knowledge that the independent debt collector repeatedly or continually engages in acts or practices that are prohibit by this chapter. + + + + + Also, any violation of the Texas Debt Collections Act ("TDCA"), are also per se violations of the Texas Deceptive Trade Practices Act ("TDTPA"). § 392.404. Remedies Under Other Law
(a) A violation of this chapter is a deceptive trade practice under Subchapter E, Chapter 17, Business & Commerce Code, and is actionable under that subchapter. + + + + + Also in Texas they cannot garnish your wages and your homestead is protected.
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