Debt Collection in Texas
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Reviewed by the Commoner Law Editorial Team. Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
How Texas differs from federal law
Texas provides unique protections for debtors, particularly around wage garnishment:
- Texas Debt Collection Act (Tex. Fin. Code § 392): Prohibits debt collectors from using threats, harassment, or deceptive practices. Covers both original creditors and third-party collectors.
- Statute of limitations: The statute of limitations on most consumer debt in Texas is 4 years (Tex. Civ. Prac. & Rem. Code § 16.004).
- No wage garnishment: Texas is one of the most debtor-friendly states in the country. Texas law generally prohibits wage garnishment for consumer debts (exceptions: child support, student loans, taxes, and court-ordered restitution).
- Homestead exemption: Texas offers one of the strongest homestead exemptions in the nation. Your primary home cannot be seized to satisfy most consumer debts, regardless of its value (Tex. Prop. Code § 41.001).
Additional Steps in Texas
File complaints with the Texas Attorney General Consumer Protection Division at texasattorneygeneral.gov or call (800) 621-0508. You can also file with the Office of Consumer Credit Commissioner (OCCC).
Relevant Law: Texas Finance Code § 392 (Texas Debt Collection Act), Tex. Civ. Prac. & Rem. Code § 16.004 (statute of limitations), Tex. Prop. Code § 41.001 (homestead exemption)
Federal baseline: Debt Collection nationwide
What is this right?
Before 1977, debt collectors could call your house at 2 a.m., tell your neighbors you were a deadbeat, threaten violence, and pretend to be lawyers or cops. Congress passed the Fair Debt Collection Practices Act that year because nothing else had worked. The basic rules are still the same: no calls before 8 a.m. or after 9 p.m. local time, no threats, no profanity, no telling third parties about your debt, no lying about what you owe — and you have the right to shut the contact off entirely with a single written cease-and-desist letter.
One catch trips up almost everyone: the FDCPA only covers third-party collectors — agencies that bought your debt or are collecting on someone else's behalf. The original creditor calling about your own credit card isn't covered. Some state laws fill that gap; most don't. Either way, when the FDCPA does apply, you can sue for actual damages plus up to $1,000 in statutory damages per case, and the collector pays your attorney's fees.
When does it apply?
The FDCPA kicks in when:
- A third-party debt collector contacts you about a debt — by phone, mail, email, or text.
- The debt is personal, family, or household — credit cards, medical bills, student loans, auto loans. Business debts are not covered.
- The person calling is not the original company you borrowed from. If your bank itself is calling about your bank credit card, that's outside the FDCPA (though state law and CFPB Regulation F may still apply).
A few things people get wrong:
- "They can call whenever they want." No. The 8 a.m.–9 p.m. window is in your local time zone, and once you tell them your employer doesn't allow personal calls at work, calls to your job are out too.
- "I have to talk to them." You don't. One certified letter telling them to stop, and they can only contact you again to confirm they're stopping or to notify you of a specific lawsuit.
- "Old debts never go away." Every state has a statute of limitations on suing for a debt — usually three to six years from the last activity. After that, the collector can still ask, but they can't take you to court. Watch out: in many states, even a small payment or written acknowledgment of an old debt restarts the clock.
What to Do If a Debt Collector Is Harassing You
Build the paper trail before you do anything else. Most FDCPA cases turn on what was said and when.
Step 1: Demand the validation letter. Under § 1692g, the collector must give you written notice of the debt amount, the original creditor's name, and your right to dispute — either inside the first communication or within five days of it. If they didn't, that's itself a violation.
Step 2: Dispute in writing within 30 days. If something's off — wrong amount, wrong person, debt you already paid — send a written dispute by certified mail with return receipt. Collection has to pause until they verify.
Step 3: Log every call. Date, time, the collector's name, the agency, what was said. Save every letter, voicemail, and text. This is your case if it ends up in front of a judge.
Step 4: Send the cease-and-desist letter. Once you want the contact to stop entirely, send it certified mail. After they receive it, contact has to stop except to confirm they're stopping or to give notice of a specific legal action.
Step 5: File the complaint. CFPB at consumerfinance.gov/complaint or (855) 411-2372, and your state attorney general. The CFPB forwards your complaint to the company and tracks the response — that paper trail matters.
What should you NOT do?
Don't go silent on a legitimate debt. Stopping the calls doesn't stop the lawsuit. Ignored, a real debt can become a default judgment, then wage garnishment, then a credit hit that lasts seven years. Find out what you actually owe before you decide how to play it.
Don't hand out your bank account or Social Security number on an inbound call. Scammers calling themselves debt collectors are a multi-billion-dollar industry. If the call surprises you, hang up and call the original creditor at the number on your statement.
Don't pay anything on an old debt without checking the statute of limitations first. In a lot of states, a $20 payment on a time-barred debt resets the clock and hands the collector a fresh right to sue. Verify the date of last activity before sending a dollar.
Don't agree to a payment plan that breaks your budget. Collectors are paid to push you to your limit. You can counter-offer, negotiate a lump-sum settlement (often 30–50% of the balance), or talk to a nonprofit credit counselor first — try the NFCC at nfcc.org.
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