The Texas Debt Collection Act protects consumers against unfair and unlawful attempts by creditors to collect a debt. Debt collectors may not call you anytime, any place, and collectors and creditors must abide by specific rules. They may not speak to anyone else about your debt, unless you've given a third party, such as an attorney, permission to speak about it. The federal Fair Debt Collection Practices Act provides Texas residents with additional protections.
Instructions
Speaking to the Creditor or Collector
- 1
Speak to the creditor or collector about your debt, even if you can't make a payment right away. You may be able to negotiate an affordable repayment plan.
2Request the creditor or collector's address if you cannot negotiate an agreement and tell the collector that it may not contact you at work; this right is not guaranteed by Texas law, but by federal law via the Fair Debt Collection Practices Act.
3Send a letter via certified mail to the collector requesting that it can no longer contact you. Note that this does not eliminate the debt, if it is yours. In Texas, a verbal notification is not enough to get the collector to stop contacting you; you must write the collector. Save your correspondence.
4Note if the collector has used unlawful tactics during the collection process; Texas law prohibits abusive collection practices. These tactics include threats of violence or jail, obscene language, false accusations, and using false names or pretenses to collect information. Texas collectors may not call anonymously and repeatedly.
5File a complaint to the Texas Attorney General if the collector has used unlawful debt collection tactics.
If the debt is not yours, Texas law provides remedies. Write the collector to inform him that he is mistaken; he has 30 days to investigate. If you are correct, in Texas the collector must make the change you requested and must notify anyone who received a report containing the incorrect item.
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