This research guide provides information about debt collection practices, relevant Texas and federal laws, and other information that may help you understand the debt collection process. It includes links to resources that explain the law in "plain English", agencies who may be able to help and articles with more information on the topic.
There are sections of both federal law and Texas law that govern debt collection. The other pages of this guide will talk about these laws in more detail, including what rights and protections they give to people who owe money.
Once an overdue debt goes to collections, there might be more parties involved than just the person who owes the money (the debtor) and the person or entity to whom they owe it (the creditor). Third-party debt collectors attempt to collect a debt on behalf of the creditor. Debt buyers will purchase the right to collect a debt from the original creditor and try to collect it for themselves. Recent cases have found that debt buyers qualify as debt collectors under federal law.
Because the law covers different parties in different ways, it's important to understand who's who.
Charged-off debt is debt that the original creditor has given up hope of collecting. However, just because a debt has been charged-off does not mean that you no longer owe it. In many cases, debt buyers will purchase the rights to collect charged-off debt from the original creditor. If this happens, you owe the debt to the debt buyer instead of the original creditor.
Several agencies and organizations have compiled pages with general information about debt collection and your rights when dealing with debt collectors. Please see the following links for more information:
Many of the e-books available through the State Law Library contain forms or drafting guides. In order to access these titles, you will need to register for a free library account.
Our librarians recommend:
There are several state and federal agencies that can provide more information about your rights concerning debt collectors. These agencies will also allow you to file complaints.