Frequently Asked Questions
Common questions about debt validation and your rights.
What is a debt validation letter?
A debt validation letter is a formal request under the Fair Debt Collection Practices Act (15 U.S.C. § 1692g) that requires a collector to prove they own your debt and have the right to collect it. They must provide the original creditor's name, the amount owed, and documentation proving the debt is valid.
What is the statute of limitations on debt in Texas?
In Texas, most consumer debts (credit cards, medical bills, personal loans) have a 4-year statute of limitations under Texas Civil Practice & Remedies Code § 16.004. After this period, collectors cannot sue you to collect the debt. Court judgments have a 10-year SOL under § 16.035.
What happens if a debt is time-barred?
If a debt is past the statute of limitations, collectors cannot sue you. Under Texas Finance Code § 392.202, they must disclose in writing that the debt is time-barred. The debt may still appear on your credit report for up to 7 years, but they have no legal power to force collection.
Will making a payment restart the statute of limitations?
Under Texas Finance Code § 392.307 (passed in 2019), making a partial payment to a debt buyer does NOT restart the statute of limitations. This is a strong protection for Texas consumers that doesn't exist in all states.
Is Texas Debt Solutions a law firm?
No. Texas Debt Solutions provides legal information, not legal advice, under the safe harbor provision of Texas Government Code § 81.101(c). We are not a law firm and do not practice law. For advice specific to your situation, consult a licensed Texas attorney.
How do I know if a collector is violating the law?
Common FDCPA violations include: calling before 8 AM or after 9 PM (§ 1692c), using threats or profanity (§ 1692d), lying about the debt (§ 1692e), and failing to validate debt when requested (§ 1692g).
Should I send letters via certified mail?
Yes, always. Certified mail with return receipt provides proof that the collector received your letter. This is crucial evidence if you need to prove you disputed the debt within the 30-day window or if the collector violates your rights.
What if a collector sues me?
If you're sued, you must respond by the deadline stated in the court papers — typically 14-20 days in Texas. Failing to respond results in a default judgment against you. Consider consulting an attorney through the Texas Bar Referral Service or Texas Law Help for free legal aid.
Can I sue a debt collector?
Yes. Under FDCPA § 1692k, you can sue for actual damages, statutory damages up to $1,000, and attorney fees. You have one year from the violation to file. Many consumer attorneys take these cases on contingency (no upfront cost).
Is my information secure?
Yes. We use bank-level AES-256 encryption for sensitive data like SSN and account numbers. Your information is never shared with third parties except as needed to send certified mail on your behalf.
LEGAL DISCLAIMER:
This service provides legal information under Texas Government Code §81.101(c), which permits providing legal information without practicing law. This service is not a substitute for the advice of an attorney. We are not a law firm and do not practice law. No attorney-client relationship is created by using this service. You are responsible for reviewing all information and documents for accuracy. For legal advice tailored to your specific situation, consult with a licensed Texas attorney.