Debt Collectors: What They Can and Can’t Do
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A debt collector can contact you, ask you to pay, and sue you if the debt isn’t too old. A collector can’t harass you or lie to you, and generally can’t call before 8 a.m., after 9 p.m., or more than seven times in seven days about one debt. Those limits come from the Fair Debt Collection Practices Act and the CFPB’s Regulation F.
Most people treat a collector’s call as something to dodge. That gets it backwards. The collector is the one on a short leash, and the first notice it sends you starts a 30-day window that works in your favor.
Who counts as a debt collector?
Under federal law, a debt collector is usually a third party: a collection agency, a debt buyer, or a lawyer who collects debts. The CFPB says the Fair Debt Collection Practices Act generally doesn’t cover the original creditor, meaning the business you first owed. That doesn’t leave you unprotected when the original lender calls. The CFPB notes that most states have their own debt collection laws, many similar to the federal one, and some of them do cover original creditors. Some states also license collection agencies. Maryland, for example, lists collection agencies among the license types you can search online, the same way you’d check if a lender is licensed. Before you talk money, write down the company’s name and phone number and the original creditor’s name.
When and how often can a debt collector call you?
A collector is presumed to break the law if it calls you about one debt more than seven times in seven days. The CFPB’s call-limit rule adds a second limit: no call within seven days after you’ve had a phone conversation about that debt. Collectors also generally can’t call before 8 a.m. or after 9 p.m., or at a time or place they know is inconvenient for you. There are exceptions, such as when you agreed to more calls. If you tell a collector you can’t take calls at work, it has to stop calling you there. And if you ask it to stop texting or emailing you, the FTC’s debt collection FAQs say it can’t keep contacting you that way. Keep a call log with dates and times. If the count passes seven in a week, you have a record.
| A debt collector can | A debt collector can’t |
|---|---|
| Call you between 8 a.m. and 9 p.m. | Call more than 7 times in 7 days about one debt (presumed violation) |
| Contact other people to find your address, phone or workplace | Discuss your debt with anyone but you or your spouse (generally) |
| Send you a validation notice by mail or electronically | Keep calling you at work after you say you can’t take calls there |
| Sue you over a debt that isn’t time-barred | Sue or threaten to sue over a debt past the statute of limitations |
| Ask a court for a wage garnishment after winning a lawsuit | Take money from your paycheck or bank account without suing first |
| Report the debt to a credit reporting company | Threaten harm, use obscene language, or pretend to be a lawyer or government official |
What is a debt validation notice?
A validation notice is the written breakdown of the debt that a collector must send you, either as its first contact or within five days of it. According to the CFPB, the notice has to say it’s from a debt collector and list the name of the creditor, the account number if there is one, and an itemized breakdown of the amount owed. It also explains how to dispute the debt and gives the end date of your 30-day dispute window. It can come by mail or electronically, so check your email and spam folder. When it arrives, compare the amount with your own records before you agree to anything on the phone.
How do you dispute a debt with a collector?
Send a written dispute within the 30-day window on your validation notice, and the collector has to pause. The CFPB says that once a collector gets your written dispute or your request for the original creditor’s name within that window, it must stop collecting the disputed amount until it responds properly. Miss the window, or dispute only by phone, and you can lose some of those rights.
Example: a notice shows up for $1,460 from a company you’ve never heard of, tied to a medical bill you thought insurance paid. Here’s the letter, in five lines:
- Your name, address and the account or reference number from the notice.
- “I dispute this debt. Please send verification of the amount and the name and address of the original creditor.”
- One sentence on why, such as “My records show this bill was paid by my insurer.”
- Copies, not originals, of any proof you have.
- The date and your signature.
Send it certified mail with a return receipt, as the FTC suggests, and keep a copy. If the collector offers an online way to submit, the CFPB says you can use that instead. Save the confirmation. If the debt also shows up wrong on your credit report, dispute it there too. Our guide on your rights after a loan denial walks through credit report disputes.
⚑ Red flag: These moves are against federal debt collection rules. Write down the date, time and what was said.
- The caller threatens you with harm or uses obscene language.
- The caller claims to be a lawyer or a government official and isn’t.
- The collector threatens to sue over a debt that’s past your state’s statute of limitations.
- The amount includes interest or fees your original agreement or the law doesn’t allow, or the collector tells your neighbors or boss that you owe money.
How do you get a debt collector to stop contacting you?
Write the collector a letter saying you don’t want to be contacted again, and it has to stop. That’s straight from the CFPB. After your letter arrives, the collector can only confirm it will stop or tell you about specific actions it may take, such as filing a lawsuit. One thing the letter doesn’t do: make the debt go away. The collector can still sue, and it may still report the debt to a credit reporting company. So use the stop letter when the calls are the problem, and the dispute letter when the debt itself is wrong. If it’s wrong, send the dispute first.
What are your rights with old, time-barred debt?
A collector can’t sue you, or threaten to sue you, over a debt that’s past your state’s statute of limitations. That’s the time limit for taking a debt to court, and it differs by state. Whether a collector can still call you about an old debt also depends on your state, according to the FTC. Be careful with small “good faith” payments. The CFPB warns that a partial payment, or admitting the old debt, may restart the time period in some states. One more catch: if you’re sued on old debt anyway, raising the time limit is your job. The CFPB says a court can still enter a judgment, often called a default judgment, if you don’t show up and raise the defense. Never skip a court date. Answer by the deadline in the court papers, and consider talking to a lawyer.
Can a debt collector take your paycheck?
Not without suing you first. The FTC says a collector has to win a lawsuit and get a court order, called a garnishment, before it can take money from your pay or your bank account. Many federal benefits, including Social Security, are generally protected from garnishment. That’s why ignoring a lawsuit costs so much. A default judgment can bring the claimed amount plus allowed collection costs, interest and attorney fees.
What can you do if a collector breaks the rules?
Report the collector, and know that you can sue. The FTC says to report problems to your state attorney general, the FTC, and the CFPB. You can submit a complaint to the CFPB online, and the CFPB says most companies respond within 15 days. You also generally have one year from the violation to sue a collector. Even if you can’t prove you lost money, the FTC says a judge can award up to $1,000, plus attorney fees and court costs.
If the bigger issue is too many balances at once, look at a debt consolidation plan only after the collection is sorted out, and only if the new rate is lower than what you pay now.
Frequently asked questions
How many times can a debt collector call me?
A collector is presumed to break the law if it calls you about one debt more than seven times in seven days, or calls again within seven days after a phone conversation with you about that debt. There can be exceptions, such as when you agreed to more calls. Calls before 8 a.m. or after 9 p.m. are generally not allowed.
Can a debt collector call me at work?
Not if you tell the collector you are not allowed to get calls there. Say it on the call and put it in writing, and keep a copy.
Can a debt collector sue me for a very old debt?
No, not if the statute of limitations has passed. Federal rules bar collectors from suing or threatening to sue on time-barred debt. If you are sued anyway, you have to raise the defense in court yourself, so don’t skip the court date. In some states, a payment or a written acknowledgment can restart the clock.
Does telling a collector to stop contacting me make the debt go away?
No. A written request makes the collector stop contacting you, apart from limited notices such as telling you it plans to sue. The debt still exists, the collector can still take legal action, and it may still report the debt to a credit reporting company.