Texas Credit Card Regulations
- Texas maintains its own set of credit card laws.texas map image by Vladislav Gajic from Fotolia.com
Credit cards offer consumers the convenience of shopping without cash. If managed properly, credit cards can be helpful. However, overspending or a change of circumstance can land a consumer in credit trouble. Texas has several of its own laws regarding credit cards that residents can take advantage of if they face challenges with credit cards. For instance, unlike many other states, Texas residents are free from wage garnishment and liens against property in debt-related matters. - In Texas, business owners are only allowed to print the last 4 digits of a person's credit or debit card on receipts. Exceptions are allowed for certain businesses that must write the entire credit card number out. Any business that violates this law is subject to a monthly fine of $500. Texas law does permit merchants to keep copies of receipts with full credit card numbers listed.
- All states have a statute of limitations on credit card debt. The statute of limitations means that the lender may no longer sue the debtor for an unpaid debt after a certain period of time. The lender may still try and collect the debt but they are prohibited from using the courts to do it. In Texas, that statute of limitation on credit card debt is four years, which is relatively short compared to several other states. Montana, Iowa and Wyoming all have statues of limitations of seven years or more. Fifteen others carry limitations of more than five years.
- Lenders have the right to try and collect on overdue debts. In Texas, the consumer has the law in their favor. Most state laws say that a consumer may stop calls from collectors by simply putting the request in writing. However, in many states this request only applies to third-party debt collectors. The original lender may still make contact. Texas law prohibits any contact from either the original lender or a third-party once a cease and desist letter is sent. This applies to all types of unsecured debt including credit cards.
- Texas law encourages debt settlement. Any consumer resident in the state of Texas who is a debt settlement client is protected from wage garnishment. This encourages credit companies to settle debt rather than pursue it through the courts. Although many lenders will be willing to settle regardless of the state a person resides, the laws in Texas encourage both parties to come to a settlement agreement.
- If a Texas resident is sued in court for a credit card debt and receives a judgment, a debt settlement or repayment plan is still encouraged. Other states can insist upon a property lien, meaning the debt would be repaid from the profits made on a sale of the home. This is not allowed in Texas, which offers 100 percent homestead protection.