Collection practices are well regulated by federal and state law. In the state of Texas, the Texas Collection Practices Act and the federal Fair Debt Collections Practices Act provide statutory standards and remedies for consumers and businesses in the area of debt collection. The information contained herein is not intended to be a complete or official summary of either of these laws, but simply provide a basic understanding of the statutes' provisions as they pertain to a consumer when contacted by a third-party debt collector.

These answers do not represent a legal opinion. You should contact your own attorney if you feel more information is needed regarding your situation.

Click on a question to go to the answer.

Frequently Asked Questions

1. What is the difference between a third party debt collector and a creditor collecting on its own behalf?
2. What should I do if contacted by a collection agency?
3. Must the debt collector identify him or herself and inform me of the nature of the communication?
4. How do I find out what the bill is for?
5. What if I dispute the accuracy of the bill? What can I do?
6. Can I continue making payments to the creditor to whom I owe money?

7. 7. What if the bill has been paid, I don’t owe the debt, or I’m not the person the collection agency is looking for?
8. Will I have to pay extra because the debt is with a collection agency?
9. If the debt is from a dishonored check, will there be a service charge?
10. Can I be sued if I fail to pay the debt?
11. Can I go to jail for non-payment of a debt?
12. What if I can’t make the payment arrangements I agreed to with the collection agency?
13. Can my home be foreclosed on or my wages garnished to pay a debt?

14. Can my bank account be garnished to pay a debt?
15. Can a judgment lien be filed?
16. When can a collection agency call me?
17. Can a collection agency contact other people and discuss my bill?
18. Can a collection agency call me at work?
19. How can I stop a collection agency from contacting me?
20. As long as I am paying something every month, doesn’t the collection agency have to take my payments?
21. How did my account end up with a debt purchaser? Who is due the money??
22. The collection agency wants me to write postdated checks. Do I have to do this?
23. if I can’t keep the payment arrangements I agreed to?
24. The debt collector obtained my credit report. Is this allowed?
25. What happens to my credit report when I don’t pay a debt?


For assistance with other questions,
call 800-957-3328 or Contact Us.


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