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Disputes

How to stop collection on a debt that is not yours in Texas

By Daisy LunaSeptember 26, 202610 min read

The letter names an account you have never heard of. Maybe someone opened a card in your name. Maybe a bill that belongs to someone with a similar name drifted onto your file. Whatever the cause, the first question is not whether you can afford it. It is whether it is yours at all.

Texas has specific rules for this situation, and they sit on top of the federal ones. If the debt is yours but old, that is a different problem, and zombie debt in Texas is the one to read instead. This guide is for debts that should not be attached to you in the first place.

How do I stop collection on a debt that is not mine in Texas?

In Texas, you can send the debt collector a written dispute under Texas Finance Code section 392.202, dispute the item with each credit bureau under the federal Fair Credit Reporting Act, and, if the debt came from identity theft, give the collector a court order that bars it from collecting from you under section 392.308. Which of these fits depends on why the debt is not yours.

A mistaken identity or a mixed file usually starts with the written dispute and the bureau disputes. Identity theft can use all of them, and the court order is the only one that bars collection from you outright. The sections below take each one in turn.

What does a written dispute to a Texas debt collector do?

Under Texas Finance Code section 392.202, you can tell a third-party debt collector in writing that an item it has on file about you is inaccurate, and the collector must stop collecting while it investigates. It then has 30 days to send you a written answer, and if it admits the item is wrong, it has 5 business days to correct its file.

The details matter, so here is how the statute lays it out. The collector has to keep a written record of your dispute. Its answer within 30 days has to do one of three things: deny the inaccuracy, admit it, or say it has not had enough time to finish the investigation. If it admits the error, it must stop collecting on the inaccurate part and send a corrected report to everyone who received the wrong one. If it says it needs more time, it must immediately change the item the way you asked, notify everyone who received the report, and stop collecting. If the investigation ends with the collector deciding the item is accurate, it may report it again and resume collection.

This rule covers third-party debt collectors, not the original lender, so check who is actually contacting you. Keep a copy of your letter and proof of when it was delivered.

What does Texas law do for identity theft victims facing a collector?

Under Texas Finance Code section 392.308, added by House Bill 4238 and in effect since September 1, 2025, a creditor or debt collector that receives a court order declaring you a victim of identity theft may not try to collect the debt that resulted from that theft. Within 7 business days it must stop collecting from you and notify everyone it reported the debt to that the debt is disputed and not collectible from you.

The Texas Legislature added a few more limits in the same section. The collector may not sell or transfer the debt for payment except to pursue the person who committed the theft or another responsible person. If the debt is secured by personal property, like a car, the creditor may still enforce its security interest in that property, but it may not come after you for any remaining balance. The section does not apply to home loans or to collecting a judgment a creditor has already won.

The key document is the court order. A police report or an FTC report alone does not trigger this Texas rule. Those reports still matter, as the next sections explain, but section 392.308 is built around an order from a court.

How do you get a court order declaring you an identity theft victim in Texas?

Under Texas Business and Commerce Code section 521.101, you can apply to a district court for an order declaring you a victim of identity theft if someone misused your identifying information to get credit or other things of value in your name, or if you have filed a criminal complaint alleging fraudulent use of your identifying information. You do not need to know who did it to apply.

The court holds a hearing, and if it is satisfied by a preponderance of the evidence, it issues an order that lists the identifying information that was misused and the accounts affected, including the institution, account numbers, dollar amounts, and dates. The order is sealed, and you may give a copy to a business to prove an account was affected or to correct its records. A court can vacate the order if the application contains a fraudulent or material misrepresentation.

This is a court process, not a form. Talk to an attorney or a legal aid office before you file.

What if someone pressured you into opening the account?

Texas's identity theft law says consent does not count if it was obtained by force, threat, fraud, or coercion, so an account opened in your name under that kind of pressure may still fall under the identity theft rules. Whether your situation qualifies is a legal question, and an attorney or legal aid office is the right place to start.

That matters in households where one person controls the finances and the other signs what they are told to sign. If your safety is part of the picture, put that first, and bring the paperwork to someone who can advise you on both the debt and the situation around it.

What does a credit bureau have to do when you dispute a debt that is not yours?

Under the federal Fair Credit Reporting Act, a credit bureau must investigate your dispute for free, generally within 30 days, and delete or correct anything it finds inaccurate or cannot verify. If the account came from identity theft and you send the bureau an identity theft report with proof of identity, it must block that information within 4 business days.

The 30 days can stretch by up to 15 more if you send the bureau new, relevant information during the investigation, and the bureau has to notify the company that reported the item within 5 business days of receiving your dispute. For identity theft, the FTC says credit bureaus must honor a block request that comes with an FTC Identity Theft Report, which you can create at IdentityTheft.gov along with pre-filled letters for the bureaus, businesses, and debt collectors.

Dispute with every bureau that shows the account. Each bureau keeps its own file, so do not count on a correction at one carrying over to the others. Why direct bureau disputes carry more weight in 2026 covers what a specific, documented dispute looks like.

In what order should you do all of this?

Start by pulling all three credit reports and writing down exactly how the account appears on each, then send the written dispute to the collector and a dispute to each bureau that shows the account. If the debt came from identity theft, add the FTC Identity Theft Report and the bureau block, and talk to an attorney about the Texas court order.

A few things to avoid while that is in motion:

  • Do not agree on the phone that the debt is yours, and do not make a payment to buy time.
  • Do not ignore court papers. If a collector has sued you, respond to the lawsuit and talk to an attorney.
  • Do not use identity theft tools on accounts you actually opened. The FTC's August 2026 complaint against a credit repair operation called Credit Glory alleged it filed false identity theft reports on IdentityTheft.gov without consumers' knowledge. Those tools exist for real victims.

Once the account is dealt with, a credit freeze for the whole family keeps new lenders out of your file until you lift it, so the same door does not open twice.

Where does credit repair fit in, and where does it stop?

Credit repair covers the report side: reading all three files, lining up the dates and account details, and sending disputes the facts support. The court order and any lawsuit are legal matters, and Reliable Credit Solutions is a credit repair company, not a law firm, so those go to an attorney or legal aid.

If you are already working with Daisy and a letter or call arrives about an account you do not recognize, call her at (915) 603-0785 before you respond, so it can be checked against your reports first. If you are new here and a debt that is not yours is showing up on your file, book your free credit strategy review before you pay anyone anything.

About the author

Daisy Luna is the founder of Reliable Credit Solutions, a founder-led credit repair practice based in El Paso, Texas, serving clients nationwide. She reviews every report herself, prices transparently, and keeps clients updated in English and Spanish through the full process.

Learn more about Daisy →
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