If a debt collector contacts you, federal law gives you rights. The Fair Debt Collection Practices Act (FDCPA) restricts how third-party collectors may behave, and you can use those rules to protect yourself.
Who the law covers
The FDCPA generally applies to third-party debt collectors and debt buyers collecting consumer debts such as credit cards, medical bills and personal loans. It does not usually cover the original creditor collecting its own debt, though some state laws do.
What collectors cannot do
- Call before 8 a.m. or after 9 p.m. in your time zone.
- Harass, threaten or use obscene language.
- Lie about the amount owed or claim to be a lawyer or government agent.
- Discuss your debt with most third parties, such as neighbors or your employer.
- Threaten actions they do not intend to take or cannot legally take.
Validation and disputes
Within five days of first contacting you, a collector must send a written notice with the amount owed and the creditor's name. You generally have 30 days after receiving it to dispute the debt in writing. If you do, the collector must stop collecting until it verifies the debt.
Practical steps
- Do not ignore a lawsuit. If you are served, respond before the deadline or risk a default judgment.
- Ask for written validation and keep every letter.
- Check whether the debt is yours, the amount is right and the debt is not past your state's time limit for suing.
- Do not make a payment or promise until you are sure, since in some states a partial payment can restart the clock.
- You can tell a collector in writing to stop contacting you, though the debt does not disappear.
If a collector breaks the rules
You can report violations to the Consumer Financial Protection Bureau and the Federal Trade Commission, and you may be able to sue for damages. A consumer attorney or legal aid office can advise you.
Frequently asked questions
Can a collector garnish my wages without a lawsuit?
Generally not for ordinary consumer debt. A collector typically needs a court judgment first, and some debts such as federal student loans and taxes follow different rules.
Does old debt ever expire?
Each state sets a time limit for suing on a debt. After it passes the debt is "time-barred," though collectors may still ask you to pay.