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Filing 4 suits. TX FDCPA?


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Gonna have to file 4 suits next week. Yeeehaw! Can anybody gimme a link to the Texas FDCPA/FCRA? I hear that with our state laws (Texas), you can file for $500 PER VIOLATION! Ain't that cool? A lot better than $1000 max per suit for federal court, huh?

BTW, has anyone filed in TX state court? Do the judges have this syndrome:

Judge: "Son, are these your debts"

Consumer: "Yes, sir. Now the law provides for......"

Judge: "I'm gonna have to close this here case on accounta these are yer debts boy!" *BAAAM* (Sound of Judge Bubba slamming the case closed before you even get a chance to present your case)

If so, I'm gonna file federal!

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Here is the Texas FDCPA

http://www.capitol.state.tx.us/statutes/fi/fi0039200.html#fi004.392.201

(e) A person who successfully maintains an action under this section for violation of Section 392.101, 392.202, or 392.301(a)(3) is entitled to not less than $100 for each violation of this chapter.

The $500 is listed in the criminal section as a fine for misdemeanor from $100-$500. Also, check out section 392.101 about bond requirement for third party debt collectors. If you contact the Secretary of State they will direct you to someone who can search their database to see if CA is bonded.

There is a section at the bottom that reads:

§ 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.

I haven't researched that code yet to see if there are larger amounts you can sue for.

[Edit by kenrb01 on Monday, January 27, 2003 @ 07:12 AM]

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