Детальний розбір
Покроковий розбір
Крок 1. Statute of Limitations on Debt in Texas
Texas sets the statute of limitations for written contract debts at 4 years, oral contract debts at 4 years, and open accounts at 4 years under Tex. Civ. Prac. & Rem. Code SS 16.004. Once the SOL expires, the debt becomes time-barred and cannot be enforced through litigation.
A critical trap for Texas consumers: making a partial payment, signing a written acknowledgment, or verbally promising to pay can restart the SOL clock. Debt buyers target consumers with old debts hoping to trigger this reset. Verify the date of last activity with your own records before responding to any collector.
The credit reporting timeline operates independently. Under federal FCRA rules, most negative items remain on your report for seven years from first delinquency, regardless of whether the Texas SOL has expired.
- Written contract SOL: 4 years (Tex. Civ. Prac. & Rem. Code SS 16.004)
- Oral contract SOL: 4 years
- Open account SOL: 4 years
- Partial payment or acknowledgment can restart the clock
- Credit reporting: 7-year FCRA window, independent of state SOL
Крок 2. Texas Consumer Protection Framework
Texas consumers are protected by federal and state statutes. The primary state law is the Texas Deceptive Trade Practices - Consumer Protection Act (DTPA, Tex. Bus. & Com. Code SS 17.41 et seq.) and Texas Finance Code (Tex. Fin. Code SS 392.001 et seq. - Debt Collection Practices), covering unfair, deceptive, or unconscionable practices.
Federal baseline: FCRA (15 U.S.C. SS 1681) on credit bureau accuracy; FDCPA (15 U.S.C. SS 1692) on collector conduct; ECOA (15 U.S.C. SS 1691) on lending discrimination; TILA (15 U.S.C. SS 1601) on credit cost disclosure. Texas provides the most comprehensive debtor protections in the nation: a constitutional ban on wage garnishment for consumer debts, an unlimited-value homestead exemption, strong personal property exemptions (including retirement accounts, life insurance, and certain investments), and a 4-year SOL. Texas Finance Code SS 392 extends FDCPA-like protections to third-party and first-party collectors.
When filing disputes or complaints, cite specific statutes. Precision in referencing both state and federal provisions signals preparation and increases response quality.
- State protection: Texas Deceptive Trade Practices - Consumer Protection Act (DTPA, Tex. Bus. & Com. Code SS 17.41 et seq.) and Texas Finance Code (Tex. Fin. Code SS 392.001 et seq. - Debt Collection Practices)
- FCRA: accuracy, free reports, 30-day disputes
- FDCPA: anti-harassment, validation, cease-and-desist
- ECOA: bans lending discrimination in Texas
- Texas Finance Code SS 392 and the federal FDCPA both impose disclosure requirements. Texas law extends to first-party collectors, providing broader coverage than federal FDCPA alone.
Крок 3. Wage Garnishment, Exemptions, and Judgments in Texas
Texas prohibits wage garnishment for most consumer debts (Tex. Const. Art. 16, SS 28). Only child support, unpaid taxes, student loans, and court-ordered spousal maintenance can trigger wage garnishment. Texas is one of only four states with this constitutional ban.
Texas provides an unlimited dollar amount homestead exemption on urban property up to 10 acres or rural property up to 100 acres for a family (200 acres for a single person, Tex. Prop. Code SS 41.002). Texas has one of the most powerful homestead protections in the nation.
Texas judgments are enforceable for 10 years (Tex. Civ. Prac. & Rem. Code SS 34.001) and may be renewed for additional 10-year periods. However, given Texas's strong exemptions, judgment enforcement options are limited. During enforcement, creditors can pursue bank levies, property liens, and garnishment. Act immediately on default judgment notices to file a motion to vacate.
- Garnishment: Texas prohibits wage garnishment for most consumer debts (Tex. Const. Art. 16, SS 28). Only child support, unpaid taxes,...
- Homestead: Texas provides an unlimited dollar amount homestead exemption on urban property up to 10 acres or rural property up to 1...
- Judgments: Texas judgments are enforceable for 10 years (Tex. Civ. Prac. & Rem. Code SS 34.001) and may be renewed for additional 1...
- Default judgments may be vacated for improper service
- Consult a consumer attorney before letting a judgment go unchallenged
Крок 4. Credit Repair Law in Texas
Texas Credit Services Organizations Act (Tex. Fin. Code SS 393.001 et seq.) requires registration, a surety bond, written contracts with a 3-day cancellation right, and prohibits upfront fees. The Texas OCCC (Office of Consumer Credit Commissioner) enforces compliance.
Self-help credit repair is free. Texas residents can dispute inaccurate items with bureaus under FCRA Section 611 and with furnishers under Section 623. Use certified mail with return receipt.
If hiring a credit repair company in Texas, verify compliance with bonding/registration requirements, confirm no upfront fees, and demand itemized documentation of all actions taken.
- Regulation: Texas Credit Services Organizations Act (Tex. Fin. Code SS 393.001 et seq.) requires registration, a surety bond, written contract...
- FCRA SS 611: free dispute rights
- FCRA SS 623: dispute directly with furnishers
- CROA: written contracts, cancellation rights mandatory
- No legitimate company guarantees specific score increases
Крок 5. Interest Rates, Usury, and Medical Debt in Texas
Texas's maximum interest rate is 10% per annum for consumer obligations (Tex. Fin. Code SS 302.001). The ceiling rate for authorized lenders varies by loan type. Criminal usury applies to rates exceeding twice the authorized ceiling.
Medical debt follows the 4-year contract SOL. Texas's constitutional ban on wage garnishment means medical creditors cannot garnish wages. Combined with the unlimited homestead exemption, Texas provides strong protection against medical debt collection. Under updated FCRA rules (2023), paid medical collections cannot appear on credit reports, and unpaid medical collections under $500 are excluded.
Prioritize debts by enforcement risk: secured debts carry repossession power, tax debts survive bankruptcy, unsecured consumer debts have least enforcement power after SOL expiry.
- Usury: Texas's maximum interest rate is 10% per annum for consumer obligations (Tex. Fin. Code SS 302.001). The ceiling rate for authoriz...
- Medical debt SOL: 4 years
- Paid medical collections barred from reports (2023)
- Medical collections under $500 excluded
- Priority: secured > tax > unsecured
Крок 6. Filing Complaints with the Texas Attorney General
The Texas Attorney General enforces state consumer protection laws. File complaints at https://www.texasattorneygeneral.gov or call (800) 252-8011.
Pair every AG complaint with a CFPB filing at consumerfinance.gov. Dual filing creates maximum pressure on offending companies.
Complaints feed pattern-of-practice investigations that produce settlements benefiting all Texas consumers, even if the AG does not pursue your individual case.
- State enforcer: Texas Attorney General (https://www.texasattorneygeneral.gov)
- Phone: (800) 252-8011
- File with evidence: letters, statements, printouts
- Mirror at consumerfinance.gov
- AG complaints feed pattern investigations in Texas
