How to Get a Collection Agency License in Texas

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Licensing Requirements

Texas does not license collection agencies, but third-party debt collectors must file a $10,000 surety bond with the Texas secretary of state in order to operate legally within the state. This involves downloading the Surety Bond application form from the secretary of state�s website, completing it with information about the surety bond that the third-party debt collector has purchased, and returning the form to the Office of the Secretary of State, Registration Unit, in person or by U.S. mail.

Why Is a Surety Bond Required?

The purpose of requiring a surety bond is to ensure that Texas collection agencies operate in compliance with all applicable federal and state laws. The surety bond protects consumers against financial loss due to the unlawful or unethical business practices of the collection agency as defined in Chapter 392 of the Texas Finance Code. Any person damaged by the actions of the collection agency can file a claim against the bond.

How Does It Work?

There are three parties to any surety bond agreement, which is a legally binding contract:

  • The state of Texas, as the party requiring the purchase of the bond, is referred to as the obligee.
  • The owner of the collection agency, as the party required to purchase the bond, is known as the principal.
  • The company that underwrites and issues the bond is called the surety.

Each party has specific roles and responsibilities that are spelled out in the surety bond agreement.

When a claim is filed against a collection agency�s surety bond, the first thing that happens is that the surety conducts an investigation to ensure that the claim is valid. The principal is legally obligated to pay all valid claims against the bond. Ideally, the principal will settle or pay the claim right away.

In reality, the principal may not be willing or able to pay a claim in a timely manner. When that is the case, the surety will step in and pay the claim on behalf of the principal, and then seek reimbursement from the principal.

How to Obtain a Collection Agency License and Surety Bond in Texas

Unlike insurance premiums, which often are paid monthly, the premium for a surety bond is paid in one lump sum at the time the bond is purchased. The annual premium for a collection agency bond is a small percentage of the required $10,000 bond amount. The surety determines what that percentage will be on a case-by-case basis, taking into consideration the principal�s personal credit score and financial circumstances.

Bond applicants with good credit typically pay between 1% and 3% of the required bond amount, which is the standard market rate. That comes to between $100 and $300.

Get the Bond You Need

Contact us to request a quote for the surety bond you need for your collection agency license.

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