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Texas Debt Collection Laws

How long a creditor can sue you in Texas, why your wages are protected from most garnishment, and what the Texas Debt Collection Act bans.

Last updated September 24, 2026 · Every rule linked to the Texas or federal law it comes from
What's new: First published: statute limits, wage garnishment rules and collector protections, each checked against the linked law.

Texas debt rules at a glance

The key numbers. Details and the exact law are below.

Debt (incl. credit cards)
4 years
Wage garnishment
Not for consumer debt
Only court-ordered child support or spousal maintenance. Tex. Const. art. XVI, § 28
Expired debt (debt buyers)
Can't sue; payment doesn't revive
Collectors
Must be bonded
Third-party collectors need a surety bond. Fin. Code § 392.101
Reviewer credit coming soon. This page was researched and checked against the linked primary sources by the Financialist editorial team.

How long can a creditor sue you in Texas?

4 years to sue on a debt

A creditor must sue on a debt no later than four years after the claim accrues. The same four-year limit applies to open or stated accounts.

Tex. Civ. Prac. & Rem. Code § 16.004(a)(3), (c) · read the law

Debt buyers can't sue on expired debt - and payment doesn't revive it

A debt buyer may not sue or start arbitration after the limitations period expires. Once barred, the claim is not revived by a payment, an oral or written reaffirmation, or any other activity on the debt.

Tex. Fin. Code § 392.307(c)-(d) · read the law

Required notice on old debts

When a debt buyer collects a debt it can no longer sue on, its first written notice must say, in conspicuous type, that the law limits how long you can be sued and that it will not sue you.

Tex. Fin. Code § 392.307(e)-(f) · read the law

How much of your paycheck can be garnished?

Texas bans wage garnishment for ordinary debts

The Texas Constitution says current wages for personal service can never be garnished except to enforce court-ordered child support or spousal maintenance. Credit card, medical and personal loan creditors cannot garnish your paycheck. Federal debts, such as federal taxes, follow separate federal rules.

Tex. Const. art. XVI, § 28 · read the constitution

What debt collectors can't do in Texas

Texas Debt Collection Act

Texas bans threats and coercion, harassment and abuse, unfair or unconscionable means, and deceptive statements in debt collection. You can sue a collector who breaks these rules.

Tex. Fin. Code §§ 392.301-392.304, 392.403 · read the law

Collectors must be bonded

A third-party debt collector may not collect in Texas without a surety bond on file.

Tex. Fin. Code § 392.101 · read the law

Collectors can't sue on expired debt

Under the federal debt collection rule (Regulation F), a debt collector must not bring or threaten to bring a lawsuit to collect a time-barred debt, meaning a debt whose statute of limitations has run out.

12 CFR § 1006.26(b) · read the rule

When a debt collector contacts you

A practical order of operations.

Don't pay or promise anything on the first call

Ask for the collector's name, company, mailing address and the amount they claim. In some states a payment or promise can affect an old debt, so check the rules above first.

Ask for validation in writing

Federal law gives you the right to a validation notice listing the debt, the creditor and your right to dispute. Dispute in writing within the validation period if the debt isn't yours or the amount is wrong.

Check the date of your last payment

Compare it with your state's time limit above. If the time limit has passed, a collector may not sue or threaten to sue you.

Never ignore a lawsuit

If you are served with court papers, respond by the deadline, even on an old debt. Being out of time is usually a defense you have to raise in court. Legal aid can help.

Report abuse

Threats, harassment and calls at odd hours break federal and state law. File complaints with your state regulator and the CFPB (links below).

Free help in Texas

Government complaint lines and nonprofit counseling. Be wary of anyone who charges upfront fees to settle debt.

Texas Attorney General

File a consumer complaint: texasattorneygeneral.gov

CFPB complaint

File a complaint about a debt collector with the Consumer Financial Protection Bureau: consumerfinance.gov/complaint

Nonprofit credit counseling

Find an NFCC member agency: NFCC agency finder. If you are considering bankruptcy, use an agency on the U.S. Trustee approved list.

Links checked September 24, 2026.

Sources

Every rule on this page comes from these laws and official resources, checked on September 24, 2026. Read the current text before you act.

Debt collection laws in other states →

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