What to Do If a Debt Collector Contacts You
Quick Answer
A call from a debt collector is stressful, but you have substantial legal rights in this situation. The Fair Debt Collection Practices Act sets strict limits on what collectors can do, and understanding those limits puts you in control of the interaction.
Your Rights Under the FDCPA
The Fair Debt Collection Practices Act applies to third-party debt collectors (not original creditors) for personal, household, and family debts including credit cards, medical bills, mortgages, auto loans, and student loans.
| Collectors Cannot | Collectors Must |
|---|---|
| Call before 8 a.m. or after 9 p.m. in your time zone | Identify themselves as debt collectors on every call |
| Call you at work if you told them your employer does not allow it | Send written notice within 5 days of first contact stating debt amount, creditor name, and your right to dispute |
| Use profane, abusive, or threatening language | Stop collection activity if you dispute in writing within 30 days, until they provide verification |
| Threaten arrest or legal action they do not intend to take | |
| Lie about the amount you owe or who they are | |
| Discuss your debt with anyone other than you, your spouse, or your attorney | |
| Contact you after you sent a written request to stop | |
| Collect amounts not authorized by the original agreement or law |
Rights under the Fair Debt Collection Practices Act (FDCPA)
What to Do When a Collector First Contacts You
Step 1: Do not acknowledge the debt on the first call. Saying "I know I owe that" or making even a partial payment can reset the statute of limitations for lawsuits in some states. Simply ask for the required written verification notice.
Step 2: Request written verification. Within 30 days of first contact, send a written request for verification by certified mail. The collector must stop all collection activity until they provide documentation showing you owe the debt and the amount is correct.
Step 3: Verify the debt is yours. When you receive documentation, confirm the original creditor, the account number, the amount owed, and the date of last activity. Errors and cases of mistaken identity are common in debt collection.
Step 4: Check the statute of limitations. Each state sets a time limit during which a collector can sue you to collect a debt. Once that period expires, the debt is "time-barred" and you cannot be successfully sued for it, though it may still appear on your credit report. Know your state's limit before making any payments, as payments can restart the clock.
How to Stop Collector Contact
You have the right to require debt collectors to stop contacting you entirely. Send a written letter by certified mail stating that you want all contact to cease. Once the collector receives your letter, they may only contact you to:
- Confirm they are stopping collection
- Notify you of specific legal actions they intend to take
Sending a cease-communication letter does not make the debt go away. The collector can still pursue legal action. But it stops the calls.
Sample Debt Verification Request Letter
Template: Debt Verification Request
[Your Address]
[City, State, ZIP]
[Date]
[Collection Company Name]
[Address]
Re: Account Number [if known]
I am writing to request verification of the debt you claim I owe in the amount of $[amount].
Under the Fair Debt Collection Practices Act, I have the right to request verification of this debt. Please provide documentation confirming the original creditor, the amount owed, and your authority to collect this debt.
Until you provide this verification, please cease all collection activity.
Sincerely,
[Your Signature]
[Your Name]
Send this by certified mail with return receipt and keep a copy.
If the Debt Is Legitimate
If you verify the debt is accurate and within the statute of limitations, you have options:
| Option | Best For | Key Step |
|---|---|---|
| Pay in full | Valid debt you can afford | Get written confirmation before paying |
| Negotiate a settlement | Older debts or tight budget | Get settlement agreement in writing before making payment |
| Set up a payment plan | Cannot pay full amount at once | Get the payment terms in writing |
| Do nothing | Time-barred debt beyond statute of limitations | Consult a nonprofit credit counselor first |
Always get any agreement in writing before making a payment.
Where to Report FDCPA Violations
If a collector harasses you, calls repeatedly, makes threats, or violates any of the rules above:
| Agency | Website | Purpose |
|---|---|---|
| CFPB | consumerfinance.gov/complaint | File a financial complaint |
| FTC | ReportFraud.ftc.gov | Report fraud or deceptive practices |
| State Attorney General | usa.gov/state-consumer | File a state-level consumer complaint |
You may also consult an attorney: you can sue for damages under the FDCPA.