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Debt Collection

Debt collection rights under Texas and federal laws.

Creditors vs. Debt Collectors

The federal Fair Debt Collection Practices Act (FDCPA) gives people many rights when dealing with third-party debt collectors.

Note Because the federal FDCPA only applies to third-party debt collectors and not original creditors, you do not have these same rights when dealing with the original person or business to whom you owe money.

Requesting to Cease Contact

Under the FDCPA, a person can inform a third-party debt collector they want to stop contact. The law requires the collector cease contact unless:

  • the collector is letting the person know they are going to stop attempts to collect the debt; or
  • the collector is taking specific legal actions like filing a lawsuit.

Federal Law

Understanding the Law

Sample Letters

Validating the Debt

Within 5 days of being contacted by a debt collector, the collector must provide a written notice with information about the debt. The debt collector may instead include this information in the initial communication.

The notice must include a form that can be sent back to the debt collector to dispute the debt or take other actions. A request must be made within 30 days of the first contact.

If a person requests additional verification of the debt or disputes the debt, collection activities must stop until the debt collector provides verification.

Federal Law

Understanding the Law

Sample Letters

Enforcement

What if a debt collector breaks the law?

Federal law allows you to sue the debt collector. You can also file complaints with the Federal Trade Commission.

Federal Law

File a Complaint

Note The library cannot tell you what the law means for your situation.

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