Question 1

What Is the FDCPA?

Accepted Answer

The Fair Debt Collection Practices Act is a federal law that prohibits abusive, deceptive, and unfair debt-collection practices by third-party collectors. Texas adds its own protection through the Texas Debt Collection Act (Finance Code Chapter 392), which covers both original creditors and third-party collectors.

Question 2

What Can I Recover If a Collector Breaks the Law?

Accepted Answer

Under the FDCPA you may recover up to $1,000 in statutory damages per lawsuit — regardless of whether you suffered provable financial harm — plus actual damages and your attorney's fees and court costs. Because the collector pays the fees, these cases are often handled at no upfront cost to the consumer.

Question 3

How Long Can a Collector Sue Me in Texas? (Time-Barred Debt)

Accepted Answer

In Texas, the statute of limitations on most consumer debt is four years, generally running from the date of default or last payment. Once that passes, the debt is "time-barred" and a collector generally cannot win a lawsuit if you raise limitations as a defense. Suing on, or threatening to sue on, time-barred debt can itself violate the law.

Question 4

Can Making a Payment Restart the Clock?

Accepted Answer

In Texas, no — this is a protection stronger than many states. Under Texas Civil Practice & Remedies Code § 16.065, a partial payment or acknowledgment of a time-barred consumer debt does not restart the four-year limitations period. Still, talk to an attorney before paying or putting anything in writing about an old debt.

Question 5

What Are Common Collector Violations?

Accepted Answer

Calling before 8 a.m. or after 9 p.m., continuing to contact you after you've said to stop in writing, contacting you at work after being told not to, misrepresenting the amount or status of a debt, and threatening action they cannot legally take.

Question 6

Can I sue a debt collector for harassment?

Accepted Answer

Yes. Under the federal Fair Debt Collection Practices Act (FDCPA), debt collectors are prohibited from abusive, deceptive, and unfair practices. If a collector has violated the law, you may be entitled to recover damages, and the collector may have to pay your attorney's fees.

Question 7

There's a mistake on my credit report. Can a lawyer help?

Accepted Answer

Yes. Under the federal Fair Credit Reporting Act (FCRA), credit reporting agencies must follow reasonable procedures for accuracy and must investigate disputes. When an agency reports inaccurate information and fails to fix it, you may have a claim to correct your credit and recover damages.

Question 8

What Areas Does the Firm Serve?

Accepted Answer

The firm is based in Austin and represents clients throughout Texas, primarily in Travis County, Williamson County, and Bastrop County.

Question 9

Why Work With a Board-Certified Attorney?

Accepted Answer

Board certification by the Texas Board of Legal Specialization recognizes attorneys who demonstrate substantial experience in a specific area of law, pass a rigorous examination, and receive peer review.Brent A. Devere is Board Certified in Consumer and Commercial Law, Consumer Bankruptcy Law, Residential Real Estate Law, and Commercial Real Estate Law by the Texas Board of Legal Specialization.Working with a board-certified attorney means your case is handled by a lawyer with proven knowledge, experience, and commitment in their field.

Question 10

How Much Does a Consultation Cost?

Accepted Answer

The initial consultation is free. You can call the Austin office or use the contact form to schedule one, and there is no cost or obligation to discuss your situation.

Question 11

Does the Firm Handle Cases Other Than Those Listed on the Site?

Accepted Answer

Yes. The firm handles most types of litigation. If your matter isn't listed among the practice areas, contact the office to discuss whether the firm can help.

Fair Debt Collection Lawyer in Austin, TX

Frequently asked questions

What Is the FDCPA?

What Can I Recover If a Collector Breaks the Law?

How Long Can a Collector Sue Me in Texas? (Time-Barred Debt)

Can Making a Payment Restart the Clock?

What Are Common Collector Violations?

Can I sue a debt collector for harassment?

There's a mistake on my credit report. Can a lawyer help?

What Areas Does the Firm Serve?

Why Work With a Board-Certified Attorney?

How Much Does a Consultation Cost?

Does the Firm Handle Cases Other Than Those Listed on the Site?

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Phone: (512) 457-8080

Attorney Brent A. Devere

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Phone: (254) 800-9400

Fax: (512) 457-8060

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