Use this debt collection guide to build a clear demand letter for San Antonio.
Debt Collection Harassment and Your Rights in San Antonio
San Antonio residents facing aggressive debt collection practices need to understand both federal and Texas state laws that protect consumers from harassment, abuse, and deceptive collection tactics. With over 1.5 million residents in the greater San Antonio area, countless consumers deal with debt collectors daily, and many face illegal practices that violate their rights under the Fair Debt Collection Practices Act and Texas Finance Code.
Debt collection issues in San Antonio range from aggressive phone calls and threats to attempts to collect debts that are not owed or have passed the statute of limitations. The city's diverse population, including many military families connected to the major military installations like Joint Base San Antonio, often faces unique debt collection challenges that require specialized knowledge of federal and state protections.
Understanding your rights is the first step toward stopping harassment and potentially recovering damages for violations. Texas law provides robust consumer protections that supplement federal law, giving San Antonio residents multiple avenues for relief. The Texas Debt Collection Act, Texas Finance Code Chapter 392, prohibits deceptive practices and provides for civil penalties, while the federal FDCPA allows consumers to recover statutory damages plus attorney's fees.
This comprehensive guide explains how to identify illegal debt collection practices, document violations, exercise your rights under Texas and federal law, and pursue compensation when collectors cross the line. Whether you're receiving constant phone calls, facing threats of arrest, or dealing with collectors attempting to collect debts you don't owe, you have legal tools to fight back.
Debt collection harassment affects not only your finances but your mental health, family relationships, and ability to function in daily life. Texas courts recognize these harms and provide remedies designed to compensate victims and deter future violations. By understanding and asserting your rights, you can stop illegal collection activities and potentially turn the tables on abusive collectors.
Texas and Federal Laws Governing Debt Collection
The Fair Debt Collection Practices Act (FDCPA), codified at 15 U.S.C. Section 1692 et seq., is the primary federal law governing debt collection practices. The FDCPA applies to third-party debt collectors attempting to collect consumer debts and prohibits harassment, false representations, unfair practices, and violations of consumer privacy. Under the FDCPA, consumers can recover actual damages, statutory damages up to $1,000, and attorney's fees for violations.
The Texas Debt Collection Act (TDCA), found in Texas Finance Code Chapter 392, provides additional protections that complement federal law. The TDCA applies to both original creditors and third-party collectors, giving it broader reach than the FDCPA. Section 392.301 prohibits threats or coercion, including threats to seize property without proper legal process and threats of criminal prosecution for debt. Section 392.302 prohibits harassment and abuse, including profane language and repeated phone calls intended to annoy.
Section 392.303 of the Texas Finance Code prohibits unfair or unconscionable means of collection, including collecting unauthorized amounts and threatening to take actions that cannot legally be taken. Section 392.304 prohibits fraudulent, deceptive, or misleading representations, including misrepresenting the character, amount, or legal status of a debt and using deceptive means to collect information about consumers.
The Texas Deceptive Trade Practices Act (DTPA), Chapter 17 of the Texas Business and Commerce Code, may also apply to debt collection activities that constitute false, misleading, or deceptive acts. When applicable, the DTPA provides for actual damages, treble damages for knowing or intentional violations, and attorney's fees. The DTPA has a two-year statute of limitations from the date the deceptive act occurred.
Federal regulations implementing the FDCPA were transferred to the Consumer Financial Protection Bureau (CFPB), which has issued Regulation F providing detailed rules on debt collection practices. These regulations address communication practices, validation requirements, and restrictions on collecting time-barred debts. San Antonio consumers can file complaints with the CFPB and the Texas Attorney General's Consumer Protection Division.
The statute of limitations on debt in Texas varies by debt type. Written contracts have a four-year limitation period under Texas Civil Practice and Remedies Code Section 16.004. Oral agreements have a four-year limitation. Promissory notes have a six-year limitation. Once the statute of limitations expires, the debt becomes time-barred, meaning collectors cannot sue to collect it, though the debt itself doesn't disappear. Collectors must not sue or threaten to sue on time-barred debts.
Military members stationed at San Antonio's military installations have additional protections under the Servicemembers Civil Relief Act (SCRA), which provides protections against default judgments, interest rate caps on pre-service debts, and the right to stay civil proceedings while on active duty. These protections are particularly relevant given San Antonio's significant military population.
The Electronic Fund Transfer Act (EFTA) and its implementing Regulation E prohibit collectors from requiring consumers to repay debts through electronic fund transfers and restricts collectors' ability to obtain authorizations for electronic withdrawals. Collectors who pressure consumers into providing bank account information for automatic payments may violate these provisions.
Step-by-Step Guide to Handling Debt Collection Issues
Documenting Debt Collection Violations
Call Records and Recordings: Texas law permits recording phone calls without the other party's consent, making this a powerful documentation tool. Use your smartphone's recording function or a dedicated call recording app. Note the date, time, and phone number of each call. Request your phone records from your carrier to document call frequency and timing.
Written Communications: Keep every piece of mail from debt collectors, including the envelope showing the postmark and return address. Note any violations such as misleading letterhead, false threats, or disclosure of the debt on the outside of the envelope. Photograph or scan all documents for backup.
Voicemails and Messages: Save all voicemails from debt collectors. Many voicemails contain violations such as failing to disclose the call is from a debt collector or leaving messages that third parties might hear. Transcribe voicemails and note any threatening or misleading content.
Electronic Communications: Print and save all emails and text messages from debt collectors. Screenshot any communications received through social media or other electronic means. Note violations such as contacting you through unusual means or threatening posts visible to others.
Witness Statements: If debt collectors have contacted family members, coworkers, or neighbors about your debt, obtain written statements from these witnesses. Third-party contacts for purposes other than locating you violate the FDCPA. Document exactly what the collector said and to whom.
Emotional and Physical Impact Documentation: Keep a journal documenting how debt collection harassment has affected you. Note instances of anxiety, sleep disruption, depression, and physical symptoms. If you've sought medical or counseling treatment related to the stress, obtain records of these visits. This documentation supports damages claims beyond statutory minimums.
Critical Deadlines in Debt Collection Cases
30-Day Validation Period: You have 30 days from the collector's initial communication to request debt validation in writing. Making this request during this window requires the collector to cease collection efforts until validation is provided. After 30 days, you can still request validation, but the collector need not stop collection activities.
FDCPA Statute of Limitations: One year from the date of the violation under 15 U.S.C. Section 1692k(d). This is a firm deadline that cannot be extended. If the collector engaged in multiple violations over time, each violation has its own one-year limitation period.
TDCA Statute of Limitations: Four years from the date of the violation under the general Texas limitations period for statutory claims. This longer window gives Texas consumers more time to pursue state law claims than federal claims.
DTPA Statute of Limitations: Two years from the date the deceptive act occurred under Texas Business and Commerce Code Section 17.565. For ongoing violations, the limitations period may be calculated from the most recent deceptive act.
Debt Statute of Limitations - Written Contracts: Four years from the date of default under Texas Civil Practice and Remedies Code Section 16.004. Most credit card debts, medical debts, and personal loans fall into this category.
Debt Statute of Limitations - Oral Agreements: Four years from breach under Texas law. Oral agreements for debt are relatively rare but occasionally arise in informal lending situations.
Debt Statute of Limitations - Promissory Notes: Six years under Texas Business and Commerce Code Section 3.118. Auto loans and some other debts documented by promissory notes fall into this category.
Credit Reporting Period: Seven years from the date of first delinquency for most negative information under the Fair Credit Reporting Act. After this period, the debt should automatically fall off your credit reports.
Response to Lawsuit: 20 days (for Texas state court) or 21 days (for federal court) from service of the summons and complaint to file an answer. Missing this deadline can result in a default judgment against you.
Filing CFPB Complaint: No specific deadline, but complaints should be filed promptly while events are fresh. The CFPB investigates complaints and requires company responses within 15 days.
Common Mistakes When Dealing with Debt Collectors
Ignoring the Problem: Many consumers ignore collector calls and letters, hoping the issue will go away. This allows violations to continue, damages to accumulate, and potentially results in lawsuits and judgments. Engage with the process by documenting violations and exercising your rights.
Providing Too Much Information: Collectors may fish for personal information, bank account numbers, employment details, or other data they don't already have. You're not obligated to provide this information. Verify the debt and the collector's identity before sharing any personal details.
Making Payments on Old Debts Without Strategy: Making even a small payment on a time-barred debt can restart the statute of limitations in some states, though Texas law provides some protections. Before paying anything on an old debt, understand the legal implications and consider consulting an attorney.
Failing to Get Agreements in Writing: Verbal promises from debt collectors are difficult to enforce. Any settlement agreement, payment plan, or promise to stop collection activities should be documented in writing before you take any action or make any payment.
Not Disputing Debts You Don't Owe: If you don't recognize a debt or believe it's not yours, dispute it immediately in writing. Failing to dispute can be interpreted as acknowledgment of the debt. Identity theft frequently results in debts being attributed to the wrong person.
Missing the 30-Day Validation Window: The first 30 days after initial contact are crucial. Requesting validation during this period stops collection activities until validation is provided. Missing this window reduces your leverage.
Not Recording Calls: Texas allows one-party consent recording, meaning you can record calls without the collector's permission. These recordings provide powerful evidence of violations. Not recording means relying on your memory versus the collector's denial.
Assuming All Collection Practices Are Legal: Many consumers don't realize that common collector tactics like threats of arrest, excessive calling, or contacting employers are illegal. Learn your rights so you can identify violations when they occur.
Representing Yourself in Complex Litigation: While small claims cases may be manageable, complex FDCPA litigation involving multiple violations and significant damages benefits from attorney representation. Attorney's fees are recoverable, so qualified attorneys often take these cases on contingency.
Focusing Only on Federal Law: The Texas Debt Collection Act provides additional protections and longer limitations periods than the FDCPA. Pursuing only federal claims may leave significant state law claims on the table.
Frequently Asked Questions About Debt Collection in San Antonio
Under both the FDCPA and Texas law, collectors cannot contact you at work if they know or have reason to know your employer prohibits such calls. Tell any collector who calls you at work that you cannot receive calls there, and document this notification. If they call again after being told, they're violating the law.
If you don't respond to a lawsuit within 20 days in Texas state court (21 days in federal court), the collector can obtain a default judgment against you. This judgment allows them to garnish your wages, seize bank accounts (with limitations), and place liens on property. Never ignore a lawsuit, even if you believe the debt is invalid.
Texas has some of the strongest wage garnishment protections in the country. Generally, wages cannot be garnished for consumer debts in Texas except for child support, alimony, student loans, and taxes. However, once wages are deposited into a bank account, they may lose some protections. Federal law limits garnishment to 25% of disposable earnings.
Under the FDCPA, you can recover actual damages (including emotional distress), statutory damages up to $1,000 per lawsuit, and attorney's fees. Under Texas law, you may recover actual damages including mental anguish, and the DTPA allows treble damages for knowing violations. Combined claims can result in significant recoveries for egregious harassment.
Collectors can contact third parties only to locate you, and even then can only ask for address, home phone, and workplace. They cannot disclose that you owe a debt to third parties. Contacting family, friends, or neighbors to discuss your debt violates the FDCPA and TDCA.
Time-barred debts cannot be collected through lawsuit, and collectors must not threaten to sue on such debts. However, the debt still exists and can appear on credit reports for up to seven years from first delinquency. Collectors can still attempt to collect, but their remedies are limited.
Request written verification of the debt and the collector's identity. Check the Texas Secretary of State website to verify the collection company is registered to do business in Texas. Search for complaints with the CFPB, BBB, and Texas Attorney General. Be wary of collectors who refuse to provide information or pressure you to pay immediately.
No. There are no debtor's prisons in the United States, and threatening arrest for failure to pay consumer debt is illegal under both the FDCPA and Texas law. Threats of arrest or criminal prosecution for non-payment of consumer debt is a clear violation that should be documented and reported.
The Servicemembers Civil Relief Act provides extensive protections including a 6% interest rate cap on pre-service debts, protection against default judgments, and the right to stay civil proceedings during active duty. Military members at San Antonio's bases should inform collectors of their active-duty status and invoke SCRA protections.
Never pay a debt you don't owe. Dispute the debt in writing and request validation. If the debt results from identity theft, file a police report and an FTC identity theft affidavit. Dispute the item with credit bureaus. Paying a debt you don't owe can create new legal obligations and doesn't necessarily remove it from your credit.
Settlement Expectations and Strategies
Settlement values in debt collection harassment cases depend on the severity and frequency of violations, the strength of your documentation, and whether the violations were knowing or intentional. Cases involving dozens of violations, egregious conduct, and well-documented emotional distress can settle for $5,000 to $20,000 or more. Simpler cases with fewer violations may settle for $1,000 to $3,000.
When negotiating with collectors about the underlying debt, settlements typically range from 25% to 60% of the balance, depending on the debt's age, the collector's investment in it, and your financial situation. Collectors who purchased debt for pennies on the dollar can profit significantly even at deep discounts. Always get settlement terms in writing before making payment.
Attorney involvement typically increases settlement values significantly. Collectors know that attorneys will pursue cases through litigation if necessary and that attorney's fees are recoverable on top of damages. Many collectors prefer to settle early rather than incur defense costs and risk larger judgments.
If you have both FDCPA and TDCA claims, the combined exposure motivates settlement. Texas allows recovery of mental anguish damages under state law, which can exceed the FDCPA's $1,000 statutory cap. Class actions, while complex, can dramatically increase pressure on collectors who engaged in widespread violations.
Before accepting any settlement, ensure the terms are comprehensive. The agreement should address the underlying debt (if any), the harassment claims, credit reporting obligations, and confidentiality terms. Ensure you understand tax implications, as debt forgiveness over $600 may be reported as income, though insolvency exceptions may apply.
San Antonio and Texas Resources for Debt Collection Issues
Consumer Financial Protection Bureau: File complaints online at consumerfinance.gov or call 1-855-411-2372. The CFPB investigates complaints against debt collectors and requires responses within 15 days. They maintain a public database of complaints.
Texas Attorney General Consumer Protection Division: File complaints online at texasattorneygeneral.gov or call 1-800-621-0508. The AG's office investigates violations of the Texas Debt Collection Act and can take enforcement action against violators.
Bexar County District Courts: 100 Dolorosa Street, San Antonio, TX 78205. Civil cases exceeding $250,000 are filed here. The Western District of Texas federal court at 655 E. Cesar E. Chavez Blvd handles federal FDCPA claims.
Bexar County Justice Courts: Handle small claims up to $20,000. There are four precincts with multiple locations. Small claims procedures are simplified and don't require attorney representation.
State Bar of Texas Lawyer Referral Service: 1-800-252-9690. Request referrals to attorneys experienced in consumer protection and debt collection defense. Many offer free initial consultations.
San Antonio Legal Services Association: (210) 227-0111. Provides free legal assistance to qualifying low-income residents. May be able to help with debt collection harassment cases or provide referrals.
Texas RioGrande Legal Aid: (210) 212-3600. Another resource for low-income San Antonio residents needing legal assistance with consumer protection matters.
Military Legal Assistance: Service members at Joint Base San Antonio can access free legal assistance through base legal offices. They can advise on SCRA protections and debt issues specific to military members.
Credit Counseling: Non-profit credit counseling agencies approved by the DOJ can help with debt management and understanding your options. Verify any agency through the DOJ's list of approved agencies before sharing financial information.
The Debt Collection Playbook
Proof is Power
Contracts, invoices, texts, emails… gather all evidence of the debt.
Time is Your Ally (and Their Enemy)
Interest accrues. Late fees may apply. The longer they wait, the more they may owe.
Track Every Penny
Principal, interest, late fees… don't miss a dollar.
The Debtor's Options
Many states allow you to recover collection costs, including attorney fees in some cases. Know your rights.
Texas Debt Collection Laws
Applicable Laws
- FDCPA
- Texas Debt Collection Act - Tex. Fin. Code § 392
- Texas Finance Code Ch. 392
Small Claims Limit
$20,000
Consumer Protection Agency
Texas OCCC / CFPB
Collection Combat FAQ
When should I send a demand letter?
After the second broken payment promise. Don't let them string you along indefinitely.
What if they ignore my demand?
Small claims court is your next step. The filing fee is often recoverable, and you don't need a lawyer.
How do I prove they owe me money?
Contracts, invoices, text messages, emails, bank transfers, promissory notes, or witness statements all help prove the debt.
Can I charge interest?
Yes, if your contract includes interest terms. Even without a contract, many states allow pre-judgment interest on debts.
What about collection costs?
Many contracts allow recovery of collection costs and attorney fees. Check your agreement and state law.
Is there a time limit to collect?
Yes. Statutes of limitation vary by state and debt type, typically 3-6 years. File suit before the deadline expires.
What if they claim they already paid?
Demand proof. Bank records, cancelled checks, or receipts should show payment. If they can't prove it, they still owe you.
About FreeDemandLetter
FreeDemandLetter provides free, AI-powered demand letter generation with location-specific legal citations. Our content is reviewed by subject matter specialists and regularly updated to reflect current laws. We help thousands of people resolve disputes effectively—but we're not lawyers, and this isn't legal advice. For complex situations, consult a licensed attorney in your jurisdiction.