Know Your Rights

The FDCPA protects you from abusive debt collection practices. Under this law, debt collectors:

• Cannot call before 8 AM or after 9 PM in your time zone (§ 1692c)
• Cannot contact you at work if you tell them your employer disapproves (§ 1692c)
• Cannot harass, threaten, or use profane language (§ 1692d)
• Cannot lie about the debt amount or pretend to be attorneys (§ 1692e)
• Cannot discuss your debt with others except spouse, attorney, or co-signers (§ 1692b)
• Must validate the debt within 5 days of first contact (§ 1692g)
• Must stop collection if you dispute in writing within 30 days (§ 1692g)

Official Sources: FTC FDCPA Guide | CFPB Debt Collection

Within 30 days of a collector's first contact, you have the right to:

• Request written validation of the debt
• Demand proof the collector owns the debt
• Request the original creditor's name
• Ask for an itemized breakdown of the amount

During this period, the collector MUST stop all collection activity until they provide validation.

Sample Letters: CFPB Sample Debt Letters

In Texas, most consumer debts have a 4-year statute of limitations:

• Credit card debt: 4 years
• Medical debt: 4 years
• Personal loans: 4 years
• Auto loans: 4 years
• Court judgments: 10 years (§ 16.035)

After the SOL expires, collectors cannot sue you to collect the debt.

Full Text: Texas CPRC Chapter 16

If a debt is beyond the statute of limitations, Texas law requires collectors to disclose in writing that:

• The debt is time-barred
• They cannot sue you to collect it
• Paying or acknowledging the debt may restart the clock (with exceptions under § 392.307)

Full Chapter: Texas Finance Code Chapter 392

Making a partial payment to a debt buyer does NOT restart the statute of limitations in Texas.

This 2019 law (SB 1037) protects Texas consumers from a common tactic where collectors trick people into making small payments to restart the SOL clock. This protection applies specifically to debts purchased by third-party debt buyers.

If a collector violates the FDCPA, you may sue for:

• Actual damages (emotional distress, lost wages, etc.)
• Statutory damages up to $1,000 per lawsuit
• Attorney fees and court costs

You have one year from the violation to file a lawsuit.

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