Creditor Harassment: Frequently Asked Questions

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Creditor Harassment: Frequently Asked Questions
The Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe.

Debt collection practices in Texas must comply with both Texas debt collection law and the federal Fair Debt Collection Practices Act. The Federal Trade Commission provides an excellent source of detailed information on its fair debt collection page; most of the text from that page is presented here for your convenience. (FTC page in Spanish).

What debts are covered?
Personal, family, and household debts are covered under the Fair Debt Collection Practices Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.

Who is a debt collector?
A debt collector is any person who consistently attempts to collect debts owed to themselves or others; included in this definition are attorneys who collect debts on a regular basis. Note that the federal Fair Debt Collection Practices Act applies only to collectors working for professional collection agencies and attorneys hired to collect debts. Texas law addresses actions taken by anyone trying to collect on a consumer debt.

How may a debt collector contact you?
A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8:00 a.m. or after 9:00 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.

Can you stop a debt collector from contacting you?
You can stop a debt collector from contacting you by writing a certified letter to the collector telling them to stop. Keep a copy for your records. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.

May a debt collector contact anyone else about your debt?
If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors often are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

What must the debt collector tell you about the debt?
Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.

May a debt collector continue to contact you if you believe you do not owe money?
A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.


Debt collection practices in Texas must comply with both Texas debt collection law and the federal Fair Debt Collection Practices Act. A debt collector is any person who consistently attempts to collect debts owed to themselves or others; included in this definition are attorneys who collect debts on a regular basis. Note that the federal Fair Debt Collection Practices Act applies only to collectors working for professional collection agencies and attorneys hired to collect debts. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.

Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action.