Evidence Preservation
If a consumer chooses to pursue a claim against a debt collector for improper and/or abusive debt collection practices, it is important that the consumer properly preserve all relevant evidence. Evidence tells a story and generally takes two forms: tangible and intangible. Tangible evidence includes letters, checks, notes, photographs, and tape recordings. Intangible evidence is generally offered in the form of testimony.
This page does not advise anyone to collect or retain evidence in any particular manner. The law may prohibit collection of evidence by using certain methods, and the rules of evidence applicable in a given lawsuit might preclude certain evidence kept by a consumer from being admitted at trial. Instead, this page should cause a consumer to think through the best way to preserve proof of a debt collector's conduct.
Testimony
Testimony is simply a person stating under oath, whether during a deposition or in court, events or conditions about which the person has personal knowledge. Testimony can be persuasive. However, when two people testify about the same event in two different ways, a jury must decide which person to believe. Therefore, it is generally wise to attempt to convert to tangible form as much information as possible about which a consumer would want to testify. For example, if a consumer would want to testify that a debt collector called at certain times, on certain days, the consumer might choose to keep a log of all calls (as described below). Or, if a consumer wants to prove the identity of a caller through the reading of a caller identification screen, the consumer might take a photograph of the caller identification screen. It is much easier to attempt to discredit someone's testimony than it is to show that photographs and logs are incorrect.
Telephone Call Log
Many improper debt collection cases involve numerous telephone calls. Most large collection agencies keep logs of collection calls, and some use software to record basic information about each call. Disputes often arise as to whether calls were made at certain times or by certain debt collectors. If a consumer keeps a log of all calls that he or she makes and receives, then the consumer might be able to not only more easily prove the occurrence of calls, but also rebut any incorrect records of a collection agency. It is very important that information written or typed in a telephone log be written or typed as soon as possible after the occurrence of calls. A log can include much information. If a consumer is receiving calls from more than one collection agency, the consumer should keep a separate log for each collection agency.
Letters, Notes, and Business Cards
Every improper collection case is different. Some cases involve the sending of letters and/or the making of telephone calls. Others involve a debt collector leaving notes and/or business cards at a consumer's residence or place of employment. Regardless of the facts that give rise to a consumer's case, a consumer should keep all tangible evidence. Certain evidence may seem to be unimportant, but it might ultimately be the key to a case. Documentary evidence can assist in proving the identity of a debt collector or help a jury more fully understand collection efforts endured by a consumer.
Recordings
Tape recordings of conversations with debt collectors can be some of the best evidence available. Tape recordings can prove objectively what was said and the manner in which comments were made. However, before a consumer decides to record a telephone call or in-person-conversation, a consumer should be certain that such recording would be legal. See the links below as a starting point for research regarding the legality of making recordings.
Telephone Calls Recording Laws Site #1 (NOTE: We express no opinion about the site's accuracy)
Telephone Calls Recording Laws Site #2 (NOTE: We express no opinion about the site's accuracy)
If you are being harassed by a debt collector, complete the "Contact Us" form or call us at (214) 670-9989. If you would prefer to give more detailed information about your case, and you don’t have time to discuss it by telephone, feel free to complete this form - case submission form.
Our law firm’s principal office is in downtown Dallas, Texas, but we represent people across Texas, for improper debt collection claims in cities and areas including the following: Abilene, Albany, Alice, Alpine, Amarillo, Angleton, Arlington, Austin, Bay City, Baytown, Beaumont, Benavides, Big Spring, Boerne, Bonham, Bowie, Brazoria, Brownsville, Brownwood, Bryan, Buffalo, Carthage, Centerville, Childress, Clarksville, Cleburne, College Station, Commerce, Conroe, Corpus Christi, Corsicana, Crockett, Daingerfield, Dalhart, Dallas, Decatur, Del Rio, Denton, DFW Metroplex, Dumas, Eagle Pass, Eastland, Edinburg, El Paso, Emory, Ennis, Fairfield, Falfurrias, Fort Stockton, Fort Worth, Freer, Gainesville, Galveston, Garland, Gatesville, Gilmer, Granbury, Grapevine, Greenville, Groom, Harlingen, Henderson, Hillsboro, Houston, Huntsville, Irving, Jacksboro, Jasper, Kaufman, Kerrville, Killeen, Kingsville, Kingwood, Laredo, Liberty, Livingston, Llano, Longview, Lorena, Lubbock, Lufkin, Mansfield, Marathon, Marshall, McAllen, Mesquite, Midland, Mineola, Mineral Wells, Mount Pleasant, Mount Vernon, Nacogdoches, New Braunfels, Odessa, Orange, Ozona, Palestine, Pampa, Paris, Pasadena, Pearland, Pecos, Pharr, Plainview, Port Arthur, Quinlan, Raymondville, Richland, Rio Grande City, Rio Grande Valley, Sanford, Sonora, San Angelo, San Antonio, San Marcos, Seguin, Shamrock, Sheffield, Sherman, Spring, Stephenville, Sulphur Springs, Sweetwater, Tawakoni, Temple, Terrell, Texarkana, Texas City, Thurber, Tulia, Tyler, Van Horn, Vernon, Victoria, Waco, Waxahachie, Weatherford, Wharton, Whitesboro, Whitewright, Wichita Falls, Wills Point, The Woodlands, and Woodville.
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