Whether you live in central Austin, Round Rock, Georgetown, San Marcos or Kyle, a debt collector has no right to bully you. Federal and Texas law set firm limits on how collectors may treat you, and when they break those limits, you may be able to sue them.
Texas Debt Law represents consumers in Travis, Williamson and Hays counties who are dealing with unfair collection tactics. Below you'll find how these claims work, what to keep, and what to do next. Your first conversation with us is free.
Is a Collector Crossing the Line?
Collectors are allowed to ask you to pay. They are not allowed to harass you, lie to you, or treat you unfairly. Ask yourself a few questions:
- Does your phone ring so often that it feels like the point is to wear you out?
- Has someone threatened to have you arrested, or to take money they have no legal way to take?
- Has a caller pretended to be a lawyer, a police officer or a government worker?
- Did a collector discuss your debt with your coworkers, roommate or relatives?
- Are they demanding fees or interest you never agreed to, or a debt that isn't yours?
- Did you get sued over a debt that may be more than four years old?
A "yes" to any of these is worth a closer look by a lawyer.
FDCPA or Texas Debt Collection Act: Which One Applies?
The answer depends mostly on who is collecting.
- Collection agencies and debt buyers fall under the federal Fair Debt Collection Practices Act. Common names include Portfolio Recovery Associates, Jefferson Capital Systems and Cavalry SPV.
- Original creditors, such as a card issuer like Capital One or Discover collecting its own account, are generally outside the FDCPA. The Texas Debt Collection Act (Finance Code chapter 392) covers them as well.
Both laws target harassment, deception and unfair tactics. Texas law also bars lawsuits on consumer debt that is past the limitations period, which is generally four years. Making a payment on that old debt does not restart the clock. Our Texas FDCPA attorneys page explains both laws in more depth.
Keep a Paper Trail
Your memory of a bad call matters, but written proof matters more. Here is a simple routine:
- Keep a running list of every call: date, time, number, the company and who you spoke with.
- After each call, write a few lines about what the caller said, using their words where you can.
- Back up voicemails to your computer or cloud storage so they don't get lost.
- Put every collection letter, with its envelope, in one folder.
- Screenshot texts and save emails from the collector.
- If a collector reached out to your employer or family, note who and when.
Bring whatever you have to your free review. Missing pieces are fine; we can work with an incomplete record.
Damages and Fees
An FDCPA claim can recover three things: actual damages for real harm, like emotional distress or money lost; statutory damages up to $1,000; and your attorney's fees and costs, paid by the collector if you win.
A Texas Debt Collection Act claim can bring actual damages, injunctive relief (a court order to stop the conduct) and attorney's fees. Results depend on the facts of each case.
Don't Let the One-Year Deadline Pass
Federal law gives you one year from the violation to file an FDCPA suit. Each violation has its own date, so an older call may already be close to the limit while a newer one is not. Reaching out early keeps more of your options open.
Federal Court for Travis, Williamson and Hays Counties
For people in the Austin area, an FDCPA lawsuit is typically filed in the U.S. District Court for the Western District of Texas, Austin Division. That covers Travis County along with nearby Williamson and Hays counties. Claims under Texas law can also go to Texas state courts, and we'll tell you which path we recommend and why.
Working With Texas Debt Law
Attorney Shawn Jaffer has handled thousands of debt collection lawsuits in Texas, so he knows how collectors and debt buyers operate. Here is what to expect:
- A straight answer. We review your records and tell you whether the conduct looks like a violation.
- Contact goes through us. After you hire us, we tell the collector you are represented.
- A plan to resolve it. We may negotiate with the collector or file suit, depending on the facts.
- Help with the debt itself. If you're also being sued, our Austin debt defense team can answer the lawsuit. Defense work uses flat fees from $400.
Questions Austin-Area Residents Ask
I live in Round Rock (or San Marcos). Can you still help?
Yes. We serve clients across Texas, including Williamson and Hays counties. Much of the work happens by phone, text and email, so you don't need to travel to our Frisco office.
A collector said they would garnish my paycheck. Can they?
For ordinary consumer debts, current wages cannot be garnished in Texas. Exceptions include child support and spousal maintenance, and federal student loans and taxes follow different rules. A collector who threatens something it cannot legally do may be breaking the law.
Should I just pay to make the calls stop?
Talk to a lawyer before you pay or promise anything, especially if the debt is old or the amount looks wrong. Our guide on negotiating with debt collectors walks through your options.
Does the FDCPA cover my credit report?
Credit report errors fall mainly under a different law, the Fair Credit Reporting Act. Mention any reporting problems during your review and we'll point you in the right direction.
Take the First Step
Call or text (214) 945-0000 or request a free case evaluation online. We speak Spanish, and payment plans are available.
This page is general information, not legal advice. Every case is different, and the outcome of any claim depends on its own facts. Speak with a lawyer about your situation.
Helpful guides
General information, not legal advice for your case.