What kind of remedies are available for violations of collection defense law?
In Texas, the remedies available for violations of collection defense law depend on the particular violation. Generally, those who are victims of collection defense violations may be entitled to compensation, including costs for attorney fees. In Texas, if a creditor violates collection defense law, the victim may be entitled to damages. This includes both actual damages, such as out-of-pocket costs, and punitive damages. Punitive damages punish the creditor for violating collection defense law and serve to deter others from engaging in similar behavior. The amount of punitive damages that a court may award is at its discretion. Moreover, the Consumer Credit Code (CCC) in Texas provides additional remedies for collection defense law violations. The CCC provides for the award of attorney fees for violations of collection defense law. This means that a court may order a creditor to reimburse an individual for their reasonable attorney fees if they have been a victim of a collection defense law violation. In addition, the CCC may entitle individuals to treble damages if they have successfully sued a creditor for a collection defense law violation. This means that the individual may be entitled to triple the actual damages they suffered due to the violation. Lastly, if a creditor violates collection defense law, the individual may be able to obtain a court order requiring the creditor to cease engaging in the illegal actions. This remedy is known as an injunction. Injunctions may also order creditors to pay restitution for illegally collected debts.
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