What is the Texas Debt Collection Act Statute of Limitations?
The is 4 years. If you get sued for a debt past this period, you can hire a defense attorney to get the case dismissed. Initially, accepting that you owe a debt or making partial payments could restart the limitations period. That created zombie debts because the limitations period could be constantly restarted.
In 2019, Florida introduced a new law to protect people from zombie debts. The law prohibited restarting limitations period. It also required debt buyers to provide written notice when taking legal action past the 4 years. Beyond this time, you will still owe the debt. But the debtor cannot file a lawsuit against you. Doing so would be violating your consumer rights.
If a debt collector files a lawsuit or contacts you past the statutes of limitations, DoNotPay can demand them to stop contacting you or file a complaint to the CFPB on your behalf.
What is the Texas Debt Collection Act Statute of Limitations?
A statute of limitations is a law that dictates the maximum period (deadline) disputing parties can file a lawsuit. Therefore, the Texas debt collection statute of limitations is the time limit provided by the state that a debt collector can legally sue a debtor for not paying their debt.
When a debt is older than the statute of limitations, it becomes a barred debt. Debt collectors have no legal rights to sue you for a barred debt. However, some may proceed to do so. Others will continue contacting you through emails, phone calls, or text messages.
What are the Debt Collection Laws in Texas?
The Fair Debt Collection Practices Act (FDCPA) protects every Texas debtor from harassment, oppression, or abuse by debt collectors.
For instance, it prohibits collectors from:
- Making harmful or violent threats
- Using obscene language during communication
- Making repeated phone calls meant to harass, annoy, or abuse the consumer
- Calling the consumers without identifying themselves as collectors
- Publishing names of debtors who have refused to pay their debts
- Filing a lawsuit beyond the statute of limitations
- Demanding payment for barred debts
- Calling debtors during unreasonable times
What to Do If a Debt Collector Keeps Contacting or Sues You for Barred Debts
Once a debt becomes barred, the collector cannot contact you or sue you to collect it. If they do, you first need to know who the debt collectors are, then take these steps:
Gather Evidence for the Harassment/Contact
Before filing a complaint, gather as much evidence as possible. It will help you support your claim. You can do this by:
- Recording the calls, including time and date. Note down each collector's name and what they said
- Keeping all the documents and letters you've received from them
- Getting statements from witnesses
File a Complaint to Your Creditor
Write a letter to the debt collection agency asking them to stop harassing or contacting you. Inform them that it is unlawful to contact you after the statute of limitations and that harassment is a criminal offense. Ensure you keep a copy of the letter/s you send to the creditor. Your creditor has 3 business days to respond to your complaint.
File a Complaint to a Professional Body
If complaining to the debt collection agency fails to work, contact a professional body and inform them of the violations.
Since it is against the FDCP practices for the creditor to contact or sue you for barred debts, you may file a complaint with the FTC, CFPB, or a Texas attorney.
You can reach the Consumer Financial Protection Bureau with the following information.
|Company||Consumer Financial Protection Bureau (https://www.consumerfinance.gov/)|
|Mailing Address||PO Box 27170|
|Washington, DC 20038|
|Phone Number||(855) 411-2372|
|Email or Contact Form||https://www.consumerfinance.gov/complaint/|
How Can DoNotPay Help If Debt Collectors Sue or Keep Contacting You after the Texas Statute of Limitations?
and buyers are prohibited from suing debtors past limitations period or reviving old debts.
Debt collectors may resort to harassing you into paying your debt. The FDCPA protects you from such harassment. If you wish to report the collection agency for violating your rights, DoNotPay will help you file a complaint to CFPB. But if you choose to cut communications with the debt collectors instead, DoNotPay will also contact and demand them to stop contacting you.
Here’s how it works:
- Search “debt collection” on DoNotPay.
- Answer a series of questions about the debt collectors, including when you were contacted and how you were contacted, so we can determine if they have violated any debt collection laws.
- Decide which course of action you want to take based on our guidance, such as filing a debt verification request, demanding for the collectors to stop contacting you, or reporting them to the CFPB.
And that’s it! Once you choose the course of action you want to take, DoNotPay will handle the rest. We’ll deliver your request directly to the debt collectors via first-class mail, or file your complaint automatically with the CFPB so that they’re no longer able to use unfair debt collection practices.
Why Use DoNotPay to Know About Texas Debt Collection Act Statute of Limitations
You don’t have to suffer through debt collector harassment. Know first that the Texas Debt Collection Act Statute of Limitations can protect you from them. DoNotPay is your best choice because we are;
- Fast- You will have to spend too much time searching for resources online and a lawyer to defend you if you don’t use DoNotPay.
- Easy- You only have to accomplish a three-step process to solve your problem.
- Successful- You can rest assured that we are making the best case for you.
What Else Can DoNotPay Do?
Besides handling all your debt collection related problems, DoNotPay can also:
- Cancel subscriptions
- Write financial aid appeal letters
- Pay bills
- Increase your credit limit
- Find your missing money
- Clean your credit report
- ERC Debt Collection
Once your debt passes the Texas statute of limitations, debt collectors or creditors cannot sue you or contact you for payment. And if they do, they would be violating debt collections laws. DoNotPay can help you sue or seize any contact with a collector for an old debt.