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May 10, 2024 · The federal Fair Debt Collection Practices Act (FDCPA) protects debtors from harassment, threats, and unfair means of debt collection by debt collectors. This law only applies to third party debt collectors. Texas Finance Code, Chapter 392. The Texas debt collection law can be found in Chapter 392 of the Texas Finance Code.
- Time-Barred Debts
Texas law gives someone a certain amount of time to bring a...
- General Information
Once an overdue debt goes to collections, there might be...
- Practice Aids
The Texas State Law Library has many other resources in...
- Collecting The Debt
In Texas, wage garnishment is prohibited by the Texas...
- Contact From a Debt Collector
This rule prevents debt collectors from using "false,...
- Know Your Rights
This research guide provides information about your rights...
- For Creditors
Judgments in Texas are good for 10 years and can be renewed...
- Medical Debt
A new Texas law requires health care providers to send an...
- Time-Barred Debts
- If You Owe Money
- What Debt Collectors Can’T Do
- If You Dispute A Debt
- Debt Collectors Can’T Take Your Home Or Your Wages
- Fair Debt Collection Practices Act
Creditors don't want to bring in a debt collection agency. But if it looks like you won't pay, they will. The creditor will sell your debt to a collection agency for less than face value, and the collection agency will then try to collect the full debt from you. If you owe a debt, act quickly — preferably before it's sent to a collection agency. Co...
Debt collectors are regulated by the Texas Debt Collection Act. Among other things, the Act prohibits debt collectors from:
If you dispute the legitimacy of something in your debt collector's file, you must give the collector written notice. Simply calling the collector won't cease collection activities. If possible, send your dispute letter by certified mail (with "return receipt requested") so you know it was officially received by the collector. The collector then ha...
In Texas, if your residence has been declared a homestead, it cannot be taken to pay a debt—except for debts taken for the purchase of the home (i.e., mortgage in default), for home improvements, for home equity loans or to pay certain taxes. 1. Learn more about declaring your home as a homestead. Wages may be garnished only to pay debts related to...
This federal law applies only to collectors working for professional debt collection agencies and attorneys hired to collect a debt. It is similar to Texas law, but also prohibits: 1. Calls at work if the collector has reason to know the employer does not permit such calls 2. Calls before 8:00 a.m. or after 9:00 p.m. unless the collector knows such...
Nov 11, 2023 · One is the federal Fair Debt Collection Practices Act, which helps prevent harassment and unlawful practices from third-party debt collectors. The other is a state law that regulates the collection practices of both original creditors and third-party debt collectors. The statute of limitations for consumer debts in Texas is four years.
Feb 27, 2023 · A homestead in Texas can be a house and up to ten acres if it is inside a city. A rural homestead can be up to 200 acres for a family and 100 acres for an individual. More information on homesteads, exemptions, and foreclosures is found in Chapter 41 of the Texas Property Code, the Texas Constitution, Article XVI , and Texas Rule of Civil Procedure 736 .
Sec. 392.001. DEFINITIONS. In this chapter: (1) "Consumer" means an individual who has a consumer debt. (2) "Consumer debt" means an obligation, or an alleged obligation, primarily for personal, family, or household purposes and arising from a transaction or alleged transaction. (3) "Creditor" means a party, other than a consumer, to a ...
Mar 13, 2024 · One provision of the Act raised the debt limit for debtors to qualify under the SBRA to $7,500,000. Another simplified and increased the debt limit for chapter 13 filings to $2,750,000.[1] Both ...
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Under the CARES Act, a debtor whose chapter 13 plan was confirmed prior to March 27, 2020, may modify their chapter 13 plan to a seven- year term, if he or she meets certain requirements laid out in Title 1, Section 1113 of the Act.
