Texas Debt Collection Law at a Glance
Federal Protection
15 USC §1692g — Fair Debt Collection Practices Act. 30-day validation window from first written contact. Collector must cease collection upon written dispute.
State Supplement
Tex. Fin. Code §392.001 et seq. — Texas Debt Collection Act (TDCA)
Covers original creditors — not just third-party collectors.
Damages available: Actual damages, injunctive relief, attorney fees; DTPA (Tex. Bus. & Com. Code §17.41) provides treble damages for knowing violations
Statute of Limitations
- Credit card / revolving: 4 years
- Written contracts: 4 years
- Oral contracts: 4 years
- Promissory notes: 4 years
- (Tex. Civ. Prac. & Rem. Code §16.004)
Where to File Complaints
- Texas Attorney General Consumer Protection Division
- Consumer Financial Protection Bureau (CFPB)
- Federal Trade Commission (FTC)
Small claims limit: $20,000
Additional Protections
- TDCA covers original creditors AND third-party collectors
- Deceptive Trade Practices Act (DTPA) provides treble damages for knowing violations
- Prohibits threats of violence, criminal prosecution, and false representations
- Prohibits collecting amounts not authorized by agreement or law
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Texas Debt Validation FAQ
What is the FDCPA 30-day validation period for debt collectors contacting me in Texas?
Under the Fair Debt Collection Practices Act (15 USC §1692g), you have 30 calendar days from the date a debt collector first contacts you in writing to request validation of the debt. During this time, the collector must cease collection activity if you dispute the debt in writing. This federal right applies in all 50 states including Texas.
Does Texas have its own debt collection protection law beyond the FDCPA?
Yes. Texas provides additional consumer protections under Tex. Fin. Code §392.001 et seq. (Texas Debt Collection Act (TDCA)). Notably, Texas law extends protections to cover original creditors, not just third-party debt collectors. Violations may result in: Actual damages, injunctive relief, attorney fees; DTPA (Tex. Bus. & Com. Code §17.41) provides treble damages for knowing violations.
What is the statute of limitations on debt in Texas?
In Texas, the statute of limitations varies by debt type: credit card/revolving debt is 4 years, written contracts are 4 years, and oral contracts are 4 years (Tex. Civ. Prac. & Rem. Code §16.004). If your debt is past the statute of limitations, a collector cannot legally sue you to collect it, and threatening legal action on time-barred debt may violate the FDCPA.
What should I include in a debt validation letter sent from Texas?
Your debt validation letter should: (1) reference the FDCPA (15 USC §1692g), (2) demand verification of the debt amount, (3) request proof of the collector's authority to collect, (4) ask for the original creditor's name and address, (5) request a copy of the original agreement, and (6) cite any applicable Texas state protections. Send via certified mail, return receipt requested.
Can I sue a debt collector who violates my rights in Texas?
Yes. Under the FDCPA (15 USC §1692k), you can sue for up to $1,000 in statutory damages plus actual damages and attorney fees. Under Texas law, you may also seek: Actual damages, injunctive relief, attorney fees; DTPA (Tex. Bus. & Com. Code §17.41) provides treble damages for knowing violations. You can file in Texas small claims court for claims up to $20,000.
Debt Validation Letters by State
Select your state to see your specific protections.