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Houston Creditors' Rights Law Blog

Understanding your creditors' rights for collecting debt

There is nothing wrong with wanting to recover an unpaid debt, but doing so can be difficult. Some debtors try to vilify Texas businesses who are just trying to collect payment for services or other debts. This can make creditors second-guess themselves or feel as if they have no options, so it is important to have a firm understanding of creditors' rights.

A creditor has the right to directly contact a debtor to ask for payment without having to go through the courts. Most creditors do not have to abide by the Fair Debt Collection Practices Act -- the FDCPA -- which limits where, when and how debt collection agencies can contact debtors. The FDCPA does not apply to individual creditors who are trying to collect their own debts. But if a creditor transfers that debt to a debt collection agency, and that agency violates the FDCPA, the debtor can try and recover damages.

"Creditors have better memories than debtors." ~ Benjamin Franklin

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