Texas · Debt collection rights · Updated Oct 2026
Debt collectors in Texas: your rights
What debt collectors can and can't do in Texas, how long they have to sue, how much of your pay and bank account is protected, collector licensing, where to complain and what to do if you are sued, in plain English from official sources.
Your federal rights
These federal rules apply in Texas and every other state. Texas's own law, below, can add more.
- Who the federal law covers. The Fair Debt Collection Practices Act (FDCPA) covers debt collectors who collect for someone else and companies that buy debts, not usually the original creditor collecting its own debt (15 U.S.C. 1692a(6)). Some state laws also cover original creditors.
- A validation notice. A collector must give you a validation notice, in its first message or within 5 days after it, with the amount, the creditor and how to dispute (15 U.S.C. 1692g(a); 12 CFR 1006.34).
- Your right to dispute. If you dispute the debt in writing within the validation period (30 days after you get the notice), the collector must stop collecting until it mails you verification (15 U.S.C. 1692g(b); 12 CFR 1006.38).
- When collectors can contact you. No calls before 8 a.m. or after 9 p.m. your time, or at work if your employer doesn't allow it (15 U.S.C. 1692c(a)). More than 7 calls in 7 days about one debt is presumed to break the law (12 CFR 1006.14(b)(2)).
- Telling a collector to stop. If you tell a collector in writing to stop contacting you, it must stop, except to tell you it is ending collection or will take a specific step such as a lawsuit (15 U.S.C. 1692c(c)).
- What collectors can't do. No threats, obscene language, false statements (for example pretending to be a lawyer or the government, or threatening arrest) and no unfair practices such as collecting fees your contract doesn't allow (15 U.S.C. 1692d, 1692e, 1692f). A collector generally can't discuss your debt with your family, neighbors or employer (15 U.S.C. 1692c(b)).
Read how to dispute a debt or stop collector calls.
Texas law and extra protections
- State law
- Texas Debt Collection Act
- Law
- Tex. Fin. Code ch. 392
- Covers original creditors
- Yes
- Extra protections
- The act covers anyone who collects consumer debt, including the original creditor, not just collection agencies. (Tex. Fin. Code § 392.001(6))
- Third-party debt collectors must have a $10,000 surety bond on file with the Texas Secretary of State before collecting. (Tex. Fin. Code § 392.101)
- If you dispute an item in writing, a third-party collector must stop collecting until it investigates and finds the correct amount. (Tex. Fin. Code § 392.202)
- A debt buyer cannot sue you or start arbitration once the 4-year limit has run, and a payment does not restart it. (Tex. Fin. Code § 392.307(c)-(d))
- Collectors cannot use threats, harassment, or false statements, such as threatening arrest for an unpaid consumer debt. (Tex. Fin. Code §§ 392.301-392.304)
- Can you sue under it?
- Yes. You can sue for actual damages and an order to stop the conduct. If you win, the court awards attorney's fees and costs. For some violations (no bond, ignoring a dispute, threatening arrest) you get at least $100 per violation. A violation can also be sued on under the Texas Deceptive Trade Practices Act. (Tex. Fin. Code §§ 392.403, 392.404)
- Official text
- Read the law
Old debts in Texas
- Written contracts
- 4 years
- Open accounts and unwritten agreements
- 4 years
- Does a payment restart the clock?
- For most creditors, a signed written acknowledgment of an old debt can matter in court; an oral one does not (Tex. Civ. Prac. & Rem. Code § 16.065). For debt buyers, once the 4 years have run, a payment or a written or oral reaffirmation does NOT restart the clock (Tex. Fin. Code § 392.307(d)).
- Must collectors say a debt is too old?
- Yes, for debt buyers. If a debt buyer (or a collector working for one) collects a debt that is too old to sue on, its first written notice must say in conspicuous type: 'THE LAW LIMITS HOW LONG YOU CAN BE SUED ON A DEBT. BECAUSE OF THE AGE OF YOUR DEBT, WE WILL NOT SUE YOU FOR IT.' The rest of the notice depends on whether the debt can still be, and is being, reported to credit bureaus. (Tex. Fin. Code § 392.307(e)-(f))
- Law
- Tex. Civ. Prac. & Rem. Code § 16.004(a)(3); § 16.065; Tex. Fin. Code § 392.307
- Official text
- Read the law
The time limit is the statute of limitations. Once it runs out, the debt is “time-barred”: a collector must not sue or threaten to sue you, but the debt still exists. Read more about time-barred debt.
Is my debt too old? Check Texas's time limit
Every state limits how long a creditor or collector has to sue you over a debt. This is the statute of limitations. Choose your state, the type of debt and the date of your last payment to see the limit and an estimated end date. Nothing you type here is sent anywhere.
Wage garnishment and bank accounts in Texas
- Wage limit
- Stricter than federal. Current wages cannot be garnished for ordinary consumer debts such as credit cards or medical bills. The Texas Constitution allows wage garnishment only for court-ordered child support and spousal maintenance. Federal debts (taxes, federal student loans) can still be taken from wages under federal law.
- Law
- Tex. Const. art. XVI, § 28; Tex. Prop. Code § 42.001(b)(1)
Federal benefits such as Social Security, SSI and VA benefits that were directly deposited are protected in your bank account up to two months' worth (31 CFR 212.6). A creditor usually needs a court judgment before it can garnish your wages or bank account.
Property you can keep in Texas
Your homestead is protected: up to 10 acres in a city, or up to 200 acres (family) / 100 acres (single adult) in the country (Tex. Prop. Code §§ 41.001-41.002). Personal property is protected up to $100,000 for a family or $50,000 for a single adult, including one vehicle for each licensed driver in the household (Tex. Prop. Code §§ 42.001(a), 42.002(a)(9)). Retirement accounts and HSAs are also protected (§ 42.0021).
Collector licensing in Texas
- License required
- No statewide license
- Who licenses
- Texas has no license for debt collectors. Instead, third-party debt collectors must buy a $10,000 surety bond and file a copy with the Texas Secretary of State before collecting (Tex. Fin. Code § 392.101).
Medical debt in Texas
Since September 1, 2023, a health care provider must send you an itemized bill (plain-language list of each service, insurance codes and amounts) and cannot pursue debt collection until it does. Amended in 2025 (H.B. 216) to cover patient-portal delivery. (Tex. Health & Safety Code § 185.002) No Texas law banning medical debt on credit reports was found in the current code.
If you are sued in Texas
- Time to answer
- Justice court (debt claim cases up to $20,000, Tex. R. Civ. P. 500.3(b)): a written answer by the end of the 14th day after you are served (Tex. R. Civ. P. 502.5(d)). County or district court: by 10:00 a.m. on the Monday after 20 days have passed since you were served (Tex. R. Civ. P. 99(b)).
- If you don't answer
- If you don't file an answer on time, the court can enter a default judgment against you for what the collector asks.
- Court self-help
- Texas court self-help (official)
Don't ignore court papers. Read what to do if a debt collector sues you.
Where to complain in Texas
- Texas: Texas Attorney General, Consumer Protection Division
- Federal: the Consumer Financial Protection Bureau takes complaints about debt collectors at consumerfinance.gov/complaint · (855) 411-2372.
- You can also report a collector to the Federal Trade Commission at ReportFraud.ftc.gov.
Free help in Texas
Good to know in Texas
- Texas has special court rules for debt-claim cases brought by debt collectors, debt buyers, banks and lenders in justice court (Tex. R. Civ. P. 508).
- Your wages are generally safe from consumer creditors in Texas, even after a judgment (Tex. Const. art. XVI, § 28).
Changes in 2024–2026
2025: H.B. 216 amended the medical itemized-bill law (Tex. Health & Safety Code § 185.002), effective September 1, 2025.
Free letters to send a collector
Dispute a debt and ask for proof (validation letter)
Within 30 days of the collector's validation notice.
Tell a collector to stop or limit contact
Stop all contact, writing only, or no calls at work.
Questions about debt collection in Texas
What is the statute of limitations on debt in Texas?
4 years for written contracts and 4 years for open accounts and unwritten agreements (Tex. Civ. Prac. & Rem. Code § 16.004(a)(3); § 16.065; Tex. Fin. Code § 392.307).
Does paying on an old debt restart the clock in Texas?
For most creditors, a signed written acknowledgment of an old debt can matter in court; an oral one does not (Tex. Civ. Prac. & Rem. Code § 16.065). For debt buyers, once the 4 years have run, a payment or a written or oral reaffirmation does NOT restart the clock (Tex. Fin. Code § 392.307(d)).
Must a collector tell me a debt is too old to sue on in Texas?
Yes, for debt buyers. If a debt buyer (or a collector working for one) collects a debt that is too old to sue on, its first written notice must say in conspicuous type: 'THE LAW LIMITS HOW LONG YOU CAN BE SUED ON A DEBT. BECAUSE OF THE AGE OF YOUR DEBT, WE WILL NOT SUE YOU FOR IT.' The rest of the notice depends on whether the debt can still be, and is being, reported to credit bureaus. (Tex. Fin. Code § 392.307(e)-(f))
How much of my paycheck can be garnished in Texas?
Stricter than federal. Current wages cannot be garnished for ordinary consumer debts such as credit cards or medical bills. The Texas Constitution allows wage garnishment only for court-ordered child support and spousal maintenance. Federal debts (taxes, federal student loans) can still be taken from wages under federal law.
Do debt collectors need a license in Texas?
No. Texas has no license for debt collectors. Instead, third-party debt collectors must buy a $10,000 surety bond and file a copy with the Texas Secretary of State before collecting (Tex. Fin. Code § 392.101).
Does Texas have its own debt collection law?
Yes: the Texas Debt Collection Act (Tex. Fin. Code ch. 392). It also covers original creditors collecting their own debts.
How long do I have to answer a debt lawsuit in Texas?
Justice court (debt claim cases up to $20,000, Tex. R. Civ. P. 500.3(b)): a written answer by the end of the 14th day after you are served (Tex. R. Civ. P. 502.5(d)). County or district court: by 10:00 a.m. on the Monday after 20 days have passed since you were served (Tex. R. Civ. P. 99(b)).
Does Texas protect people with medical debt?
Since September 1, 2023, a health care provider must send you an itemized bill (plain-language list of each service, insurance codes and amounts) and cannot pursue debt collection until it does. Amended in 2025 (H.B. 216) to cover patient-portal delivery. (Tex. Health & Safety Code § 185.002) No Texas law banning medical debt on credit reports was found in the current code.
Where can I complain about a debt collector in Texas?
Texas Attorney General, Consumer Protection Division: https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-complaint
- Texas Finance Code ch. 392 (Debt Collection)
- Texas Civil Practice & Remedies Code ch. 16 (Limitations)
- Texas Constitution art. XVI
- Texas Property Code ch. 41 (Homestead)
- Texas Property Code ch. 42 (Personal property)
- Texas Health & Safety Code ch. 185 (Health care billing)
- Texas Rules of Civil Procedure
- Texas AG: File a Consumer Complaint
- CFPB: Debt collection (Regulation F)
Last checked: Oct 24, 2026.