Consumer Debt Defense

Some corporations and financial institutions prey on vulnerable consumers by engaging in unlawful lending practices. Each year, predatory lending practices and other lending scams cost Americans billions of dollars through abusive mortgage loans, payday loans, tax refund loans and excessive credit card debt fees. Fortunately, consumers in Texas are protected by state and federal law that ban predatory lending, require truth in lending disclosures, ensure fair debt collection, enforce credit insurance policies,  protect debtors in bankruptcy and provide a remedy to those who have been harmed by them.

You may be protected if unscrupulous lenders knowingly lend you more money than you can afford to pay. You may be protected if they charge fees for unnecessary or nonexistent products and services. And you may be protected if they encourage you to accept higher-risk loans or financing strategies that provide you with little if any benefit. You may not have the time or knowledge to pursue your rights, but we do.

If you have been harmed by unlawful or predatory lending practices, our experienced lawyers at the Law Office of Richard Tomlinson are ready to fight for you.

• Credit card debt – If you’re being sued over credit card debt, we can fight for you. Numerous laws regarding consumer credit are on the books to make sure your rights aren’t violated. Often, the actual credit card debt is the least of your worries, as outrageous legal fees, attorney fees, late fees and penalties are tacked on. But ignoring citation will probably only complicate your situation. We can help you respond, examine your options, including potentially negotiating a settlement, and make sure your rights are protected.

• Predatory lending Practices– If a lender in the mortgage lending and consumer finance industries has pressured you to accept unfair and unlawful loan terms, you may be a victim of predatory lending. Companies engaging in these predatory lending practices often fail to inform consumers about the nature and amount of fees, charges and interest rates. If you are a victim of predatory lending scheme, our experienced attorneys can help you pursue relief under Texas and Federal law.

• Truth in lending – Consumers have the right to compare costs in order to make informed choices about credit. That’s why there are laws regulating how financing information is described. If a lender has failed to disclose, has misrepresented or has changed any of the following: the finance charge, annual percentage rate, amount financed, schedule of payments or total payments, we can work with you to rescind the loan transaction and/or to recover charges.

• Payday Loans – If you’ve gotten into trouble repaying a payday loan, our experienced legal team can help. Payday loans typically are very short-term loans that carry excessive interest rates of 100 percent to more than 1,800 percent. Where it can get really bad for the consumer is if you exercise the option of continuing the loan for an additional period by paying the interest. It is not uncommon for these companies to fail to disclose the annual percentage rates, which is a violation of the Truth in Lending Act.  Some of these loans may also violate Texas usury laws. An experienced consumer law attorney can help protect your rights.

• Fair debt collection – If a debt collector has harassed you, used profane language, called repeatedly, called after 9:00 p.m. or before 8:00 a.m., threatened to sue, called you at work against your wishes, misrepresented the amount you owe or status of the debt, falsely stated that you have committed a crime or similar wrongdoing, you may be a victim of a violation of the Fair Debt Collection Act. Did you know that a debt collector must cease all communications after you inform them in writing that you refuse to pay or want the debt collector to stop calling? The Office of Richard Tomlinson can fight for you and your fair debt collection rights.

• Credit insurance – If you’ve been injured, unable to work and, as a result, you’ve gotten behind on your payments despite having credit insurance, you may need the assistance of an experienced consumer attorney to get the insurance company to pay up. Typically, insurance companies deny the vast majority of claims the first time they’re filed. We can cut through the red tape.