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Write the collector a letter explaining your circumstances and why you would like the debt removed, such as if you're about to apply for a mortgage. There's no guarantee your request will be accepted, but there's no harm in asking. A record of on-time payments since the debt was paid will help your case.
Debt Collectors Can't Take Your Home or Your Wages In Texas, if your residence has been declared a homestead, it cannot be taken to pay a debt?except for debts taken for the purchase of the home (i.e., mortgage in default), for home improvements, for home equity loans or to pay certain taxes.
The debt collector has a certain amount of time to file the suit, called the "statute of limitations." In Texas, the statute of limitations for debt is 4 years. After that time passes, they can no longer file a lawsuit to collect the debt.
The statute of limitations on debt in Texas is four years. This section of the law, introduced in 2019, states that a payment on the debt (or any other activity) does not restart the clock on the statute of limitations.
Keep in mind that making a partial payment or acknowledging you owe an old debt, even after the statute of limitations expired, may restart the time period. It may also be affected by terms in the contract with the creditor or if you moved to a state where the laws differ.
The Texas debt collection law can be found in Chapter 392 of the Texas Finance Code. Unlike the federal FDCPA, it also applies to original creditors.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase ?please cease and desist all calls and contact with me immediately? to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.