How do I stop debt collectors from calling me in Texas?

Send a written request to stop. Under 15 U.S.C. § 1692c(c), once a third-party collector receives your written notice, it may only contact you to confirm it is stopping or to tell you about a specific action such as a lawsuit. Texas Finance Code § 392.202 also lets you dispute the debt in writing, which halts collection until the collector verifies it. Our letters do both, on firm letterhead, so the collector knows a lawyer is watching.

Can a debt collector threaten to have me arrested in El Paso?

No. You cannot be arrested for failing to pay a consumer debt in Texas, and Texas Finance Code § 392.301 specifically prohibits collectors from threatening arrest, criminal charges or seizure of property without a court order. Threatening to report someone to immigration authorities is likewise a prohibited threat. Each such statement is a violation of both Texas law and the FDCPA and strengthens your damages claim.

How much money can I get for debt collector harassment?

The FDCPA allows up to $1,000 in statutory damages per case, plus any actual damages such as lost wages or documented emotional distress, plus your attorney fees paid by the collector. The Texas Debt Collection Act adds actual damages and, through the DTPA, potentially additional damages for knowing violations. Settlements vary widely and no result is guaranteed, but the fee-shifting rule is what makes collectors settle rather than fight.

Does the FDCPA apply if the original creditor is calling me?

Generally the federal FDCPA covers only third-party collectors, debt buyers and collection law firms, not the bank or hospital that originally extended credit. Texas Finance Code Chapter 392 fills that gap: it applies to anyone collecting a consumer debt, including original creditors. So an El Paso hospital billing department or credit card issuer that threatens you or lies about the balance can still be held liable under Texas law.

Do I have to go to court for an FDCPA case in El Paso?

Almost never. The overwhelming majority of collector harassment claims resolve through a demand letter and negotiated settlement before any lawsuit is filed. In the rare case that suit becomes necessary, it would be filed in federal court in El Paso or in El Paso County court, and even then most cases settle on the paperwork. Our office handles every step and keeps you informed in English or Spanish.

Debt Collector Harassment Lawyer El Paso

Stop Debt Collector Harassment in El Paso — and Make the Collector Pay You

Collectors who call your job, threaten arrest, lie about what you owe or contact you after you tell them to stop are breaking federal and Texas law. We send the cease letter, document the violations and pursue statutory damages, all without you going to court.

Last reviewed by Robert Andrew Navar, Esq. · State Bar of Texas

If a debt collector is calling you before 8 a.m. or after 9 p.m., phoning your employer or your family, threatening to have you arrested or deported, claiming you owe more than you do, or refusing to stop after you asked in writing, that is not aggressive collecting. It is illegal. El Paso residents, and especially Spanish-speaking families near the border, are frequent targets of these tactics because collectors assume they will not push back. The law does not care whether you actually owe the debt. Harassment, false statements and abusive conduct are violations regardless, and each one can be worth money to you.

Two statutes protect you. The federal Fair Debt Collection Practices Act, 15 U.S.C. § 1692, applies to third-party collectors and debt buyers and allows statutory damages of up to $1,000 per lawsuit plus actual damages and mandatory attorney fees under § 1692k, with a one-year deadline to sue. The Texas Debt Collection Act, Texas Finance Code Chapter 392, goes further: it also covers original creditors such as banks, hospitals and card issuers, prohibits threats of arrest and false representations under §§ 392.301 and 392.304, bars suits on time-barred debt under § 392.307, and lets you recover actual damages, injunctive relief and attorney fees under § 392.403. A violation of Chapter 392 is also a deceptive trade practice under the Texas DTPA, which can allow additional damages.

Navar Law handles collector harassment claims without you appearing in court. We send a written cease-communication and dispute notice that forces the collector to stop contacting you and to validate the debt, we help you keep a log and preserve voicemails and letters, and we then send a demand for statutory damages. The vast majority of these claims settle by agreement, because the collector's exposure to your attorney fees makes fighting a bad decision. Because the law shifts fees to the collector, we can usually take these cases at no upfront cost. Attorney Robert Navar reviews every file personally and pairs this service with credit report disputes and debt settlement where the underlying account still needs to be resolved.

What counts as illegal debt collection in Texas

Under the FDCPA and Texas Finance Code Chapter 392, a collector may not: call repeatedly or at odd hours; contact you at work after being told your employer prohibits it; discuss your debt with neighbors, coworkers or relatives; threaten arrest, jail, deportation or violence; pretend to be a lawyer, court or government agency; misstate the amount, add unauthorized fees or interest; sue or threaten suit on a debt past the four-year limitations period; or keep contacting you after receiving a written request to stop. Since 2021, federal Regulation F also limits collectors to seven call attempts per week per debt.

How to build your case before you call us

Do not delete anything. Save every voicemail, text message and letter. Write down the date, time, phone number, the collector's name and company, and exactly what was said after each call. If a collector called your employer or a relative, ask that person to write a short note about what happened. Take screenshots of caller ID logs. Texas is a one-party consent state under Penal Code § 16.02, so you may record calls you are part of. These records turn a he-said-she-said dispute into a documented claim.

Keep in mind the FDCPA gives you one year from the violation to file, and Texas claims have their own deadlines, so contact our El Paso office as soon as the conduct starts rather than waiting for it to get worse.

What's included

Review of your call log, letters, voicemails and credit reports to identify every violation
Written cease-communication and debt validation demand under 15 U.S.C. § 1692g and Texas Finance Code § 392.202
Attorney representation notice so collectors must deal with our office, not you
Demand for statutory and actual damages plus attorney fees under the FDCPA and Chapter 392
Negotiation of a settlement that includes deletion of the tradeline from your credit report where possible
Complaints to the CFPB and Texas Attorney General when appropriate

How it works

Free case review

Tell us what the collector has been doing and share your voicemails, letters and log. We identify the violations, confirm the deadlines, and explain whether your case supports a damages claim or just a cease letter.

Cease letter and demand

We send the collector a written cease-communication notice, validation request and representation letter, then a demand for damages. Calls to you almost always stop immediately once the collector knows a lawyer is involved.

Settlement and payment

Most collectors settle rather than pay our fees in court. We negotiate a payment to you, deletion of the account where possible, and a written release. If a collector refuses, we discuss filing suit, still without you appearing in person.