What debt collectors can and cannot do under Texas law
If you owe a debt in Texas, it is easy to feel trapped by collection calls and letters. Debt collectors are known for their persistence, but Texas law and federal rules give consumers solid protections. Knowing what collectors can and cannot do helps you avoid scams, intimidation and unfair practices.
Your rights as a Texas consumer
Texas law protects you from abusive, deceptive and unfair debt collection. Both the Texas Debt Collection Act and the federal Fair Debt Collection Practices Act (FDCPA) set ground rules covering every stage of the collection process.
Collectors must:
- Identify themselves in writing and provide details about the debt within five days of first contact
- Stop calling or writing if you tell them to do so in writing
- Respond to written requests for verification before collecting further
Collectors cannot:
- Threaten you with physical harm, violence or criminal accusations
- Use obscene or abusive language
- Lie about the debt, their identity or potential legal consequences
- Threaten arrest, jail or property seizure without a proper court order
- Harass you with repeated or anonymous calls
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Activities allowed under the law
Debt collectors in Texas are permitted to pursue valid debts through several legal channels, including phone calls, mail or electronic messages that comply with anti-harassment rules, filing lawsuits within the four-year statute of limitations and reporting unpaid debts to credit agencies. They may also repossess property such as vehicles if the loan contract allows it without a court order, while wage garnishments or liens require a judge’s approval.
How to react to unlawful collection
If a debt collector oversteps legal boundaries in Texas, you can file a complaint with the Attorney General or the Office of Consumer Credit Commissioner, keep detailed records of all communications and dispute the debt in writing within 30 days of receiving the first notice. As the Attorney General notes, “You may owe a debt, but you still have rights. And debt collectors have to obey the law.”
Stay informed, stay protected
Understanding your rights puts you in control when dealing with debt collectors. Stay alert for tactics that cross legal boundaries, push back when necessary and know that state and federal laws shield you from harassment every step of the way.
