Are you facing aggressive debt collectors, threatening phone calls, or a debt collection lawsuit in Texas? You’re not alone. Every year, millions of Texans deal with serious debt collection issues.
Over the years practicing debt collection defense law in Houston, Dallas, Fort Worth, and throughout Texas, I’ve worked with many clients who felt completely trapped. They were overwhelmed by relentless calls and mounting pressure from debt collectors.
Notably, the debt collection industry has grown rapidly over the past decade. As a result, Texas now experiences some of the highest numbers of collection lawsuits in the country. Debt buyers and collection agencies are becoming more aggressive than ever.
Yet, many Texans don’t realize they actually have strong legal protections. These come from both federal and state laws—and they’re more powerful than most people think. That’s exactly where a skilled Texas collection defense lawyer can step in to help.
At Warren & Migliaccio, we’ve helped hundreds of Texans push back. We’ve stopped harassment, had lawsuits dismissed, and protected our clients’ wages and bank accounts. We proudly serve people across Harris County, Dallas County, Tarrant County, and beyond.
This guide will walk you through what you need to know about debt collection defense in Texas. Moreover, it will help you understand when it’s time to seek legal support.
Need-to-Know Highlights for This Article
- Texas law provides strong protections against abusive, harassing, and unfair debt collectors, giving you powerful legal rights.
- If sued for debt, you must respond within about 20 days to avoid a default judgment against you.
- Collectors often cannot prove you owe the debt or try to collect on old, “time-barred” debts.
- Texas law strongly protects your wages from garnishment for most consumer debts like credit cards and medical bills.
If you’re ready to protect your rights, call Warren & Migliaccio today at (888) 584-9614 for a free consultation.
During your consultation, you’ll learn about your rights under the Fair Debt Collection Practices Act and Texas law. In addition, we’ll explain proven defense strategies that work in Texas courts. You’ll discover how the right legal team can protect both your finances and your peace of mind.
Most importantly, you’ll walk away with this understanding: you have strong options. And you don’t have to face debt collectors alone.
Understanding Debt Collection and Your Legal Rights in Texas
What Is Debt Collection in Texas?
Debt collection is when someone tries to get payments on debts that are past due. In Texas, this can involve a bunch of different types of debt:
- Credit card debt (this one pops up most often in Texas courts)
- Medical bills (a big issue, especially with so many uninsured Texans)
- Personal loans
- Student loans (federal and private)
- Auto loans
- Utility bills
The debt collection process usually begins when you fall behind on payments to your original creditor. After a few months of missed payments, many lenders either hire a collection agency or sell the debt to a third-party debt buyer. In many cases, these buyers go on to file lawsuits in Texas courts to try to recover the money.
Here’s an important Texas-specific point: Texas has no state income tax. Because of this, debt buyers often target Texas residents, assuming they may have more disposable income. However, what many collectors overlook is that Texas also offers some of the strongest consumer protections in the country—and we know how to use those laws to defend our clients effectively.
Understanding who is trying to collect the debt is critical. That’s because Texas law treats original creditors, third-party collection agencies, and debt buyers differently. Each is subject to different rules and legal requirements. As a Texas debt collection defense attorney, I can help you figure out exactly who’s contacting you and explain your rights under both federal and Texas law.
The Fair Debt Collection Practices Act (FDCPA) and Texas Law
The Fair Debt Collection Practices Act is a federal law that protects consumers from abusive collection tactics. It applies to third-party debt collectors, collection agencies, and debt buyers. However, it does not cover original creditors who are collecting their own debts.
Under the FDCPA, debt collectors can’t:
- Firstly, call you before 8 a.m. or after 9 p.m. (Central Time in Texas)
- Likewise, contact you at work if you tell them not to
- Use threatening or abusive language
- Lie about the amount you owe
- Also, threaten legal action they don’t intend to take
- Finally, contact your family, friends, or neighbors about your debt
These rules are designed to ensure that consumers are treated fairly and not subjected to harassment, deception, or unfair practices during the debt collection process.
Texas offers extra protection through the Texas Debt Collection Act and the Texas Finance Code. These laws provide stronger consumer rights than those in many other states.
Additionally, the FDCPA gives you some real power. You can ask for debt validation in writing. You can tell collectors to stop calling you. And if they break the law, you might be able to sue them for damages up to $1,000 plus attorney fees.
Common Debt Collection Violations in Texas
Across Houston, Dallas, Fort Worth, and other Texas cities, I see certain FDCPA violations come up again and again. Here are the big ones:
Firstly, Harassment and Excessive Phone Calls
Some collectors call multiple times per day or use aggressive language. This violates federal law and can be grounds for a lawsuit against the collector.
Secondly, Threats Without Legal Authority
Collectors often threaten to garnish wages when they don’t have a court order. In Texas, most consumer debt cannot result in wage garnishment. Hence, making these threats particularly deceptive.
Thirdly, Contacting Third Parties
Debt collectors cannot discuss your debt with family members, friends, or coworkers. They can only contact these people to get your location information.
Fourthly, Attempting to Collect Time-Barred Debts
Texas has a four-year statute of limitations on most consumer debts. Collectors who try to collect on debts older than four years may be violating the law.
Finally, False Representations
Some collectors lie about who they are, how much you owe, or the consequences of not paying. Any false or misleading statements violate the FDCPA.
The Role of a Texas Debt Collection Defense Attorney
What Does a Texas Debt Collection Defense Attorney Do?
As a debt collection defense attorney working across Texas, I focus on protecting people from unfair collection practices. We know the ins and outs of both federal and Texas consumer protection laws.
My job is to be your advocate—to shield you from aggressive debt collectors in Texas courts.
Here’s what I do for my Texas clients:
- Review your case for FDCPA and Texas law violations
- Analyze if the debt is even valid under Texas standards
- Communicate with debt collectors on your behalf
- Represent you in debt collection lawsuits across Texas
- Negotiate settlements or payment plans that fit within Texas law
- File counterclaims if collectors break federal or state law
These services cover a full range of legal and debt relief solutions designed to help you resolve debt issues efficiently.
Legal representation can help negotiate settlements with creditors that may lead to reduced balances or lower interest rates.
We act as a wall between you and the debt collectors. Once you hire our Texas law firm, collectors have to go through us—no more harassing calls straight to you.
When Texas Residents Should Hire a Defense Attorney
Consider hiring a debt collection defense attorney if you’re in Texas and facing any of these:
Firstly, you’ve Been Served with a Lawsuit in Texas Courts
This is the most urgent situation. In Texas, you typically have 20 days plus the following Monday to respond to a debt collection lawsuit. Missing this deadline can result in a default judgment against you. It allows wage garnishment of certain income and bank account seizure.
Secondly, you’re Experiencing Harassment
If debt collectors are calling constantly, using abusive language, or contacting your family, you need legal help. These practices violate federal law.
Thirdly, you Question the Debt’s Validity
Sometimes collectors try to collect debts you don’t owe or amounts that are incorrect. A Texas attorney can demand proof and challenge invalid debts under state procedures.
Fourthly, you’re Facing Garnishment Threats
If collectors are threatening to garnish your wages, know that Texas law provides strong protections. Most consumer debt cannot result in wage garnishment in Texas.
Likewise, you Have Multiple Debt Collection Cases
Dealing with several collectors at once can be overwhelming. A Texas attorney can handle all of them and look for patterns of violations.
Benefits of Professional Legal Assistance in Texas
Working with a Texas debt collection defense attorney comes with some real perks:
Firstly, Avoiding Default Judgment
Most debt collection lawsuits in Texas end in default judgments because folks don’t respond. An attorney makes sure your side gets heard.
Secondly, Asset Protection
Texas has some of the best asset protection laws in the country. We can help shield your wages, bank account, and other assets from garnishment or seizure.
Debt Reduction or Dismissal
Many debt collection cases in Texas have issues with paperwork or legal procedures. An experienced attorney can spot these and get your case tossed or the debt lowered.
Financial Stability
Legal assistance can help you achieve or maintain financial stability by guiding you through debt relief options and protecting your financial well-being.
Peace of Mind
Dealing with debt collectors is exhausting. Having a lawyer handle the calls and court appearances lets you breathe a little easier.
Understanding Texas Protections
Texas law has unique protections that other states just don’t offer. We make sure you get the full benefit.
Texas Debt Collection Lawsuit Defense Strategies
Initial Response to a Texas Lawsuit
If you get served with a debt collection lawsuit in Texas, time is not on your side. You’ve got 20 days plus the following Monday to ensure your answer is filed with the right court after the lawsuit has been filed against you.
Miss the deadline, and a default judgment is almost a given.
Never ignore a lawsuit, even if you think the debt is legit. Texas law has lots of defenses you might not know about.
Here’s what you need to do fast:
- Read the lawsuit papers carefully
- Mark all important deadlines
- Pull together any documents about the debt
- Contact a Texas defense attorney ASAP
Your answer to the lawsuit should include any defenses under Texas law. Common ones: lack of standing, statute of limitations, and improper service.
As a Texas defense attorney, I know which defenses fit your case and how Texas courts usually handle them.
Challenging the Debt Collector’s Case in Texas Courts
Case Study: How Weak Paperwork Gets Debt Lawsuits Dismissed in Texas
In Texas, debt buyers can’t just claim you owe them money. They must prove they legally own your specific debt.
In the case Ortega v. CACH, LLC, 396 S.W.3d 622 (Tex. App.—Houston 2013, no pet.), the debt buyer CACH, LLC sued a consumer over an old credit card account. But when it was time to prove they had the right to sue, CACH used general affidavits instead of solid evidence like a bill of sale for that account.
The consumer’s attorney challenged this weak evidence, saying it was hearsay and not allowed in court. The Texas Court of Appeals agreed. They reversed the judgment against the consumer because CACH did not meet its legal burden of proof.
This case shows that debt buyers often have weak paperwork. A skilled attorney can get a lawsuit thrown out by demanding they prove their case under Texas law.
A lot of debt collection lawsuits in Texas have big weaknesses. Debt buyers often buy thousands of old accounts with barely any paperwork.
When we start digging using Texas discovery procedures, things come out.
Having a valid defense is crucial when contesting a debt collection lawsuit, as courts require legitimate reasons to challenge the collector’s claims.
Proof of Debt Ownership
The collector must show they own the debt and have the right to collect under Texas law. They need a full chain of custody from the original creditor to them.
Verifying the Original Creditor
Sometimes, collectors can’t even prove who the original lender was. Without that, they can’t win in Texas court.
Examining Documentation
Debt buyers often only get the basics about each account—no contracts, no payment history, nothing. That’s not enough to win in Texas courts.
Texas Statute of Limitations Defense
If the debt is more than four years old, the collector can’t legally enforce it in Texas. This is a huge defense tool for consumers. Post-judgment interest will accrue over the judgment amount until the judgment is satisfied.
Identity Theft Claims
If you’re a victim of identity theft, you may not owe the debt at all. Texas has procedures to handle these claims.
Building Your Lawsuit Defense in Texas
A solid defense takes preparation and documentation. Here’s how we do it in Texas:
Financial Documentation We gather bank statements, payment records, and other financial docs that support your case.
Spotting FDCPA and Texas Law Violations If collectors broke federal or state law, we can file counterclaims against them in Texas courts.
Texas Discovery Process We can demand documents from the collector and ask them questions under oath. Plenty of cases fall apart at this stage.
Settlement Negotiations Sometimes, settling for less than the full amount makes sense. We negotiate from a position of strength based on the holes in their case and Texas law. Our negotiation skills allow us to secure better settlement terms, such as reduced balances or more manageable payment plans for our clients.
I’ll never forget a case in Harris County—a debt buyer was after $8,000 on an old credit card debt. During discovery, we found they had no contract, no statements, and couldn’t prove my client ever had an account with the original creditor. The Houston judge threw the case out.
Types of Debt and Texas-Specific Defense Strategies
If you are facing a debt collection lawsuit in Texas, it’s important to understand your options and the types of debt involved. Credit card lawsuits are among the most common cases in Texas courts, with many individuals in cities like Houston and Dallas being sued by credit card companies and debt buyers. Knowing how to respond and defend yourself can make a significant difference in the outcome.
Credit Card Debt Defense in Texas
Credit card debt collection cases pop up constantly in Texas courts. The Credit Card companies usually sell old accounts to debt buyers, who often have spotty documentation and still have to prove their case under Texas evidence rules. When a creditor sues, it means legal action has been initiated against you, and it’s crucial to understand your defense options and seek legal representation.
Here are some issues we see all the time in Texas credit card cases:
- Missing or incomplete contracts
- Incorrect account balances
- Improper calculation of interest and fees under Texas law
- Failure to credit payments properly
Most credit card debt collection lawsuits in Texas rely on computer printouts and generic affidavits. These just don’t cut it under Texas law for admissible evidence.
A good Texas defense attorney knows how to challenge this weak evidence. That’s where real experience pays off.
Credit card debt relief options in Texas? You’ve got choices: settlement negotiations, payment plans, or—if things get really tough—even Bankruptcy. Bankruptcy can hurt your credit opportunities for up to 10 years.
We look at every option to find what actually works for each Texas client. There’s no one-size-fits-all here.
Medical Debt Collection Defense in Texas
Medical bills are a headache for Texas patients and collectors alike. The billing system is a mess, and errors happen all the time—especially with Texas’s wild insurance landscape.
Some common defenses to medical debt collection in Texas include:
- Insurance coverage disputes
- Billing errors or duplicate charges
- Charity care eligibility (lots of Texas hospitals have these programs)
- Improper notice requirements under Texas law
Many Texas hospitals actually have charity care programs that can wipe out or significantly reduce medical bills for those who qualify. You can eliminate the entire debt without bankruptcy or high monthly costs typical of debt consolidation agreements.
We help clients apply for these programs and use them as leverage in negotiations. It’s a real lifeline for a lot of folks.
Likewise, medical debt has different credit reporting rules now, thanks to recent changes that give Texas consumers a bit more protection.
Student Loan Collection Defense in Texas
Student loans—let’s be honest—are in a league of their own. Federal student loans have different rules than private ones, and both have their own collection quirks that impact Texas residents.
For federal student loans, you’ve got options like:
- Income-driven repayment plans
- Loan rehabilitation programs
- Consolidation options
- Public service loan forgiveness
Private student loan defense is more like other debt collection cases. We can challenge the collector’s paperwork and look for procedural slip-ups under Texas law.
Student loan wage garnishment is another beast. Federal loans can garnish wages without a court order, but there are limits and exemptions.
We help Texas clients figure out their choices and keep as much of their paycheck as possible.
Working with Texas Defense Lawyers and Law Firms
Choosing the Right Texas Debt Collection Defense Law Firm
Not every lawyer deals with debt collection defense, and even fewer zero in on Texas debt collection law. You need someone who really knows Texas consumer protection laws and how debt collection works in Texas courts. The cost of hiring an attorney can add up quickly.
So, when you’re looking at Texas law firms, here’s what to keep in mind:
Experience Level in Texas Courts
Look for attorneys who focus on debt collection defense in Texas, not just general practice. Ask about their track record with cases like yours in Texas courts.
Knowledge of Texas-Specific Laws
Texas has its own consumer protections and court quirks. Your attorney should be familiar with Harris County, Dallas County, Tarrant County, and other major Texas spots.
Client Communication
Your attorney should actually keep you in the loop. Ask how they stay in touch and how fast they respond to questions.
Fee Structure
Many Texas debt collection defense attorneys offer free consultations and flexible payment plans. Some even work on contingency for FDCPA cases. When considering hiring an attorney, think about how much money you could save or protect by defending or negotiating the amount you owe in a debt collection case.
Local Knowledge
Attorneys who know Texas courts and local practices have a real edge. At Warren & Migliaccio, we handle cases all over Houston, Dallas, Fort Worth, San Antonio, Austin, and the rest of Texas.
The Free Consultation Process
Most debt collection defense attorneys offer a free consultation. It’s a chance for both sides to figure out if there’s a good fit.
What to Bring to Your Texas Consultation
Bring everything you’ve got—lawsuit papers, collection letters, account statements, and anything from collectors. The more info, the better.
Questions We’ll Ask
We’ll want to know about your finances, the debt’s history, and any collector contacts. That helps us spot defenses under Texas law.
Case Evaluation
We’ll size up your case under Texas law and walk you through your options. Sometimes aggressive litigation isn’t needed—sometimes a simple response or negotiation does the trick.
Fee Discussion
We’ll go over our fees and payment options. A lot of Texas clients are surprised that debt collection defense is more affordable than they thought. It’s important to understand that debts should be paid promptly when possible, as unpaid or delayed payments can lead to extra legal fees, interest, and judgments.
Next Steps
If you decide to hire us, we get started on your Texas case right away. Deadlines can sneak up fast in debt collection matters.
Regional Considerations for Texas Residents
Houston Debt Collection Laws
Houston (H), right in Harris County, is loaded with debt collection agencies and law firms. Harris County courts see thousands of debt collection cases every year.
Here’s what’s typical in Houston:
- High-volume filing of debt collection lawsuits
- Use of local process servers for lawsuit delivery
- Electronic filing requirements in Harris County
- Frequent court settings that require attorney appearance
We know Harris County court procedures and local habits that can impact debt collection cases. That local edge really matters for Houston-area clients.
Dallas and Fort Worth Considerations
The Dallas-Fort Worth metroplex is its own animal when it comes to debt collection. Dallas County and Tarrant County have different court rules and local quirks.
Things to keep an eye on:
- Dallas County’s electronic filing requirements
- Tarrant County’s unique court procedures
- Local attorney networks and referral sources
- Regional collection agencies and their go-to tactics
We’ve spent years in these markets, so we know how to navigate the local scene and fight for our clients.
Other Texas Markets
Also, we help clients all over Texas, including:
- San Antonio (Bexar County)
- Austin (Travis County)
- El Paso (El Paso County)
- Corpus Christi (Nueces County)
- Beaumont (Jefferson County)
Every Texas jurisdiction has its own rules and customs that can shape your case outcome.
Frequently Asked Questions About Collection Defense Lawyer
How long do I have to respond to a debt collection lawsuit?
You usually have 20–30 days after you’re served to file an answer. In Texas, it’s 20 days plus the following Monday.
So, if you miss this deadline, you get hit with a default judgment, which lets collectors garnish wages and freeze your bank account.
What happens if I ignore a debt collection lawsuit?
Ignoring the lawsuit means a default judgment, giving collectors the green light to garnish wages and go after your bank account. Over 90% of debt collection cases end in default judgments when folks don’t respond.
This is one legal issue you can dodge by filing a timely response or getting a defense attorney with years of experience.
Can debt collectors garnish wages?
In Texas, debt collectors can’t garnish wages for most consumer debts like credit cards or medical bills. But they can for child support, taxes, and federal student loans.
Thus, bank accounts are less protected, though, and can be hit after a court judgment.
How do I get a debt collector to stop calling?
Send a written cease and desist letter demanding they stop all contact. Under federal law, collectors have to comply, except to notify you about legal steps.
So, once you hire an attorney, all calls go through your legal team, which stops the harassment fast.
What is debt validation and how does it work?
Debt validation means collectors have to prove they own the debt and can collect. You’ve got 30 days from first contact to ask for validation in writing.
Thus, collectors must send account statements, contracts, and proof of ownership before they can keep collecting.
Can debt collectors contact me at work?
If you tell collectors your employer prohibits calls, they can’t contact you at work. Likewise, they’re not allowed to talk about your debt with coworkers or your boss.
This advocacy protection under the Fair Debt Collection Practices Act keeps workplace embarrassment at bay.
What are my rights under the Fair Debt Collection Practices Act?
The FDCPA bans abusive collection tactics like calling before 8 AM or after 9 PM, threatening language, contacting family, and making false claims.
If they break these rules, you can sue for damages up to $1,000 plus attorney fees.
How much does a debt collection defense attorney cost?
Many debt collection defense attorneys offer free consultations and payment plans. Some handle FDCPA violations on contingency, so no upfront cost.
At Warren & Migliaccio, we lay out all fee options in your consultation. Professional advocacy is often way more affordable than the fallout from a default judgment.
What defenses can I use against a debt collection lawsuit?
Common defenses: statute of limitations, lack of standing, improper service, and not enough documentation. A lot of debt buyers don’t have original contracts or full payment histories.
Hence, an attorney with years of experience can spot which defenses fit your legal issue.
What documents should I bring to a consultation?
Bring every lawsuit paper, collection letter, original contract, payment record, and anything you have from collectors. Bank statements and financial records help too.
The more documentation, the better an attorney can evaluate your case and look for FDCPA violations.
Can old debts still be collected?
Debts past the statute of limitations (usually 4 years in Texas) can’t be enforced in court, though collectors might still try to contact you.
Be careful—making a payment on an old debt can restart the clock. An experienced attorney can tell you if your debt is time-barred.
Can a lawyer get a debt collection lawsuit dismissed?
Yes, if there are procedural mistakes, not enough documentation, statute of limitations issues, or FDCPA violations. Lots of debt collection cases have holes that a good attorney can use to get dismissals or settlements.
Taking Action: Your Next Steps as a Texas Resident
Immediate Actions if Facing Debt Collection in Texas
If you’re dealing with debt collectors or have been served in Texas, act fast:
- Firstly, don’t ignore legal documents or court papers — Texas deadlines are tight
- Similarly, document all collector communications — jot down dates, times, and what was said
- Also, gather financial records and any paperwork about the debt
- Research your rights under federal and Texas law
- Likewise, schedule a free consultation with a Texas debt collection defense attorney
Understanding your payment obligations is crucial. Likewise, knowing when paying, not paying, or reducing payments may impact your debt situation can help you make informed decisions.
Call Warren & Migliaccio at (888) 584-9614 today for your free consultation.
Time is critical in Texas debt collection cases. The sooner you take action, the more ways you have to protect yourself.
Long-term Financial Protection for Texas Residents
Looking beyond the immediate mess, here are some steps for long-term financial protection:
- Firstly, review your credit reports regularly for mistakes
- Secondly, build an emergency fund so you’re not caught off guard
- Know your rights under Texas consumer protection laws
- Similarly, keep good financial records and documentation
- Additionally, know when to get legal assistance in Texas
Knowing your rights and having a plan in Texas makes it way easier to handle future debt collection problems. You’ll feel a lot more confident facing whatever comes next.
Conclusion
Facing debt collection in Texas can feel overwhelming. However, you might have more power than you think.
In fact, both federal and Texas state laws offer strong protections against abusive debt collection practices. Surprisingly, the right legal assistance can make a huge difference—not just for your rights, but also for your financial future.
At Warren & Migliaccio, we’ve helped hundreds of Texans push back against unfair debt collection. Folks from Houston, Dallas, Fort Worth, and all across the state have come to us—often shocked by how many rights they truly have under Texas law.
So, if you’re up against debt collectors, don’t go it alone. Contact our Texas law office today at (888) 584-9614 for a free consultation.
Our defense lawsuit attorneys will take a look at your situation, walk you through your options, and help you figure out a plan that actually fits your life.
Disclaimer
This article is for informational purposes only and isn’t legal advice. Every debt collection case is different, and laws can shift depending on where you are. Specifically, Texas has its own set of protections that might not apply elsewhere. You should speak with a qualified Texas debt collection defense attorney about your specific case to fully understand your legal options.
Just reading this or reaching out to our law office doesn’t create an attorney-client relationship until we’ve both signed a written agreement. Ultimately, the decision to hire a lawyer depends on the facts of your case and the actions of the creditor involved.
