Debt Collection Practices

Texas state courts and federal and state laws protect consumers against unreasonable debt collection practices. Under Texas law, if you have been subjected to illegal collection practices, you may recover damages as well as your attorney's fees.

Some illegal practices include:

• Threats of violence
• False accusations of criminal behavior or threats of imprisonment
• Using profane or obscene language
• Placing anonymous phone calls to harass or threaten the debtor or family members
• Misrepresenting the nature and amount of the debt or the identity of the collection agent

Federal law also provides you with protections against private debt collectors who did not sell you the goods. Under this law, you may not normally be contacted before 8 a.m. or after 9 p.m. Additionally, if you do not want to hear from the debt collector any more, you may notify them in writing and request that they make no further efforts to contact you. The creditor may still file a lawsuit to recover the debt or property, however. If the creditor attempts to repossess the property without a lawsuit, it can be done if there is no breach of the peace. No creditor or bill collector may enter your house for any reason. If your rights are violated, contact your legal services office or the Consumer Protection Division of the Attorney General's Office.

The information provided above should not be construed as legal advice. It was excerpted with permission from Justice For All, a publication of the Texas Lawyers Care program. Texas Lawyers Care is a department of the State Bar of Texas. The funding for Justice For All was made possible by the generous support of the Texas Young Lawyers Association, the Texas Legal Services Center, and the Litigation Section of the State Bar of Texas.