Legal Resources
Know your rights. These federal and Texas state laws protect you from unfair debt collection practices.
๐๏ธFederal Laws
The FDCPA prohibits debt collectors from using abusive, unfair, or deceptive practices when collecting debts. It applies to third-party debt collectors, not original creditors.
Key Provisions:
Collectors must provide written notice within 5 days of first contact, including the amount owed and creditor name. You have 30 days to request validation.
Limits when and how collectors can contact you. No calls before 8am or after 9pm. You can request they stop contacting you entirely.
Prohibits threats of violence, obscene language, repeated calls intended to annoy, and publishing 'deadbeat' lists.
Prohibits lying about the debt amount, threatening actions they can't take, or impersonating attorneys or government officials.
Prohibits collecting unauthorized fees, depositing post-dated checks early, or threatening to take property they have no right to.
The FCRA gives you the right to know what's in your credit file, dispute inaccurate information, and have errors corrected or removed.
Key Provisions:
Credit bureaus must investigate disputes within 30 days and remove information they cannot verify.
Creditors reporting to bureaus must investigate disputes and correct inaccurate information.
Most negative information must be removed after 7 years (10 years for bankruptcies).
Regulation F implements the FDCPA and adds important new protections, including limits on communication attempts and requirements for time-barred debt disclosures.
Key Updates:
- Limits phone calls to 7 attempts per debt per week
- Clarifies rules for electronic communications (email, text)
- Requires disclosure when collecting time-barred debt
- Prohibits suing or threatening to sue on time-barred debt
โญTexas State Laws
4 Years for Most Debts in Texas
Once 4 years have passed since your last payment or acknowledgment of the debt, creditors can no longer sue you to collect. The debt still exists, but it's legally unenforceable through the courts.
Key Provisions:
Debt buyers cannot sue on time-barred debt and must provide written notice if the SOL has expired.
Prohibits collection on debts resulting from identity theft once proper documentation is provided.
๐Additional Resources
Consumer Financial Protection Bureau
Submit complaints, access sample letters, and learn your rights
FTC Consumer Information
Federal Trade Commission guides on debt collection
Texas State Law Library
Comprehensive guides on Texas debt collection laws
IdentityTheft.gov
Report identity theft and get an FTC Identity Theft Affidavit
AnnualCreditReport.com
Free credit reports from all three bureaus (official site)
Texas Attorney General
File complaints about debt collectors in Texas
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