Stopping a Debt Collector in Texas
A debt collector keeps calling me — here's what Texas law says and what to do next.
Statute: Tex. Fin. Code § 392.001 et seq. (Texas Debt Collection Act)
Deadline: 1460 days
Penalty: The Texas Debt Collection Act provides for injunctive relief, actual damages, and attorney fees. The Texas Attorney General may also pursue civil penalties up to $2,000 per violation
What is stopping a debt collector?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits what debt collectors can do when trying to collect money from you. It covers third-party collectors — companies that buy or collect debts on behalf of someone else — not the original creditor.
Under the FDCPA, debt collectors cannot harass you, lie to you, or use unfair tactics. They cannot call you before 8 a.m. or after 9 p.m., threaten violence, use profane language, or tell other people about your debt. You also have the right to tell a collector to stop contacting you entirely by sending a written request.
What to Do If a Debt Collector Is Harassing You
Step 1: Ask the collector for a "debt validation letter." Under the FDCPA (15 U.S.C. § 1692g), the collector must send you written notice within five days of first contact that includes the amount of the debt, the name of the creditor, and your right to dispute it.
Step 2: If you do not believe you owe the debt, send a written dispute within 30 days of receiving the validation notice. Send it by certified mail with return receipt requested. The collector must stop collection efforts until they verify the debt.
Step 3: Keep records. Save every letter, write down the date and time of every call, and note what the collector said. This documentation is critical if you need to file a complaint or lawsuit.
Step 4: If you want the calls to stop, send a cease-and-desist letter by certified mail. Once they receive it, they must stop contacting you (with limited exceptions for legal notices).
Step 5: File a complaint with the CFPB at consumerfinance.gov/complaint or call (855) 411-2372. You can also file with your state attorney general.
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).
What you should NOT do
Don't ignore debt collectors entirely. While you have the right to stop contact, ignoring a legitimate debt could lead to a lawsuit, wage garnishment, or damage to your credit score. Understand what you owe before deciding your next step.
Don't give personal financial information over the phone. Scammers often pose as debt collectors. Never give your bank account number, Social Security number, or credit card number to someone who calls you about a debt.
Don't make a payment on very old debt without understanding the consequences. In many states, making even a small payment on a time-barred debt can restart the statute of limitations, giving the collector the right to sue you again.
Don't agree to a payment plan you cannot afford. Collectors may pressure you into committing to payments that stretch your budget. You are not required to agree to their terms — you can negotiate or seek help from a nonprofit credit counselor.
Don't wait — the clock is ticking.
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Generate your debt validation →This page is general legal information for Texas, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in Texas.