Dealing with debt collectors in Texas: Your rights under the FDCPA and Texas law

Debt collectors calling you? Here's the legal framework that protects you.

Fair Debt Collection Practices Act (FDCPA) — 15 U.S.C. 1692:

They CANNOT:

• Call before 8 AM or after 9 PM
• Call your workplace if you tell them not to
• Threaten violence or use obscene language
• Misrepresent the amount owed
• Contact you after you send a written cease-and-desist
• Tell third parties (your family, friends, neighbors) about your debt
• Sue you or threaten to sue on time-barred debt

Texas-specific protections:

Statute of Limitations: Texas has a 4-year statute of limitations on most consumer debt (Texas Civil Practice and Remedies Code 16.004). After 4 years from the date of last payment or activity, the debt is time-barred and they CANNOT sue you for it.

CRITICAL: Making a payment on old debt RESETS the clock. A $5 "good faith" payment on a 3-year-old debt restarts the 4-year window. Never pay on old debt without understanding the SOL implications.

Texas property exemptions: Under the Texas Property Code and Constitution, your homestead, personal property up to certain limits, retirement accounts, and wages are largely exempt from collection. Texas is one of the most debtor-friendly states.

Step-by-step when a collector calls:

1. Get their name, company name, and call-back number
2. Say "I'm requesting validation of this debt in writing" (30-day validation right under FDCPA 1692g)
3. Do NOT acknowledge the debt is yours
4. Do NOT make any payment
5. Send a written debt validation request via certified mail within 30 days
6. If the debt is beyond the 4-year SOL, send a cease-and-desist letter

If they violate the FDCPA:

• You can sue for $1,000 per violation + actual damages + attorney's fees
• Many consumer attorneys take these cases on contingency
• File complaints with CFPB: consumerfinance.gov/complaint and TX AG

Sources:

• Fair Debt Collection Practices Act (15 U.S.C. 1692)
• Texas Civil Practice and Remedies Code 16.004 (SOL)
• Texas Property Code (exemptions)
• CFPB — debt collection FAQ
• Texas AG — debt collection complaints

Debt collectors count on you not knowing your rights. Now you do.