The Basics – Fair Debt Collection Practices Act: Your Rights

When You Can Be Contacted
Unless you agree to it, debt collectors cannot contact you at inconvenient times, like prior to 8am or after 9pm. If you tell them, in writing, to stop contacting you, they generally must stop contacting you altogether. Also, if they are told they cannot call you at work, they may not contact you in that way.
Who May Be Contacted
Generally, a debt collector cannot discuss your debt with anyone other than you, your spouse, co-signer, executor, administrator, guardian, parent of a minor, or your attorney. However, if you are represented by an attorney for your debt, the debt collector may not contact you, and instead must contact your attorney. They may contact others (usually only once) to obtain information about where you are located, what your phone number is, and where you work. They cannot reveal that you owe a debt or discuss details of the debt, aside from identifying the name of the collection agency, but they may only do that if asked.
Prohibitions
Debt collectors are not allowed to harass you. This means they cannot threaten to harm you, use profanity, call you repeatedly to annoy you, publish your name as someone who refuses to pay her debt, or harass you in any other way.
Debt collectors may not make false statements. They may not claim they are an attorney when they are not, use a fake company name, accuse you of committing a crime, lie about the amount of your debt, falsely claim that documents they send you are or are not legal forms, or make any other false statements. Furthermore, they may not send you a document that looks like it is from a court or government agency. They are also prohibited from giving false credit information to credit reporting companies or anyone else.
Debt collectors cannot falsely claim they are going to take legal action against you, like telling you that they will have you arrested. They might claim that they will seize your property, garnish your wages, or take other legal action against you unless you pay your debt. They may not say these things unless they are permitted by law to take those actions and they intend to do so.
Debt collectors must not use unfair practices when trying to collect. They cannot deposit post-dated checks early, contact you by postcard, or try to collect additional charges (such as fees or interest) over your owed amount unless your contract or state law allows it.
A debt collector cannot disregard your payment choices; you have the right to choose which debt you make a payment on. A debt collector cannot apply payment for one debt to another debt that you did not choose to pay. Additionally, the collector cannot apply your payment to a debt you do not believe you owe.
Garnishment
Generally, you may be sued by a creditor or debt collector to collect a delinquent debt. If you lose your case, the court will enter a judgment stating how much you owe and may allow the creditor or collector to secure a garnishment order. This means the creditor or debt collector will be able to direct a third party, such as your bank or employer, to turn over your funds. If your wages are garnished, your employer will withhold part of your pay to satisfy your debts.
Whether your wages can actually be garnished in Texas is a complicated matter. While it is generally the case that wage garnishment is not allowed in Texas, several factors and exceptions need to be considered. Factors include whom the creditor is, who you work for if you have moved, your financial obligations, and how you are paid. Do not trust that your wages are automatically safe in Texas.
While wage garnishment is one possibility, there are many federal benefits that generally cannot be garnished:

• Social Security Benefits
• Supplemental Security Income Benefits
• Veteran’s Benefits
• Civil Service and Federal Retirement and Disability Benefits
• Service Members’ Pay
• Military Annuities and Survivors’ Benefits
• Student Assistance
• Railroad Retirement Benefits
• Merchant Seamen Wages
• Longshoremen’s and Harbor Workers’ Death and Disability Benefits
• Foreign Service Retirement and Disability Benefits
• Compensation for Injury, Death, or Detention of Employees of U.S. Contractors Outside the U.S.
• Federal Emergency Management Agency Federal Disaster Assistance

Not all federal benefits are immune from garnishment in all circumstances. For example, if you are delinquent on your child support, alimony, student loans, or taxes, your benefits may be garnished.
Garnishment is a serious matter, so contact an attorney immediately if you are facing garnishment. Immediately stopping wage garnishment is possible through bankruptcy. An attorney will help you consider all of your options.
See Related Blog Posts:
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