A call or letter from a debt collector can feel like an emergency. It isn’t one, and you have more control than the collector’s tone suggests. Federal law, led by the Fair Debt Collection Practices Act (FDCPA), sets rules for how a debt collector can contact you, what it has to tell you, and what it can never do.
The FDCPA covers personal and household debts such as credit cards, car loans, medical bills, student loans, and mortgages, according to the Federal Trade Commission (FTC). It does not cover business debts. It applies to third-party collectors and debt buyers, and in general not to the original lender collecting its own debt.
First, confirm the debt is real
Before you pay anything or share bank details, make sure the debt exists, that it’s yours, and that the amount is right. Scammers pose as collectors, and real collectors sometimes chase the wrong person or the wrong balance.
The law gives you a tool for this: the validation notice.
The validation notice and your 30-day window
A debt collector has to send you validation information, either in its first contact or within five days after it, the Consumer Financial Protection Bureau (CFPB) explains. The notice must include:
- A statement that it comes from a debt collector
- The collector’s name and mailing address
- The name of the creditor you owe
- The account number, if there is one
- An itemized balance showing interest, fees, payments, and credits since a set date
- The amount owed now
- How to dispute the debt
- The end date of your 30-day dispute period
That end date matters most. If you dispute the debt in writing before it, the collector has to stop collecting the disputed amount until it responds to your request with verification, such as a copy of a bill. If you miss the window, the FTC says the collector can treat the debt as valid. You can still dispute later, but you lose the automatic pause.
How to dispute
Send a short letter, keep a copy, and use certified mail with a return receipt. Say that you dispute the debt and ask for:
- Proof that you owe it
- The name and address of the original creditor
- How the collector calculated the amount
The CFPB publishes free sample letters for disputing a debt and asking for more information.
What a debt collector can’t do
Under the FDCPA and the CFPB’s debt collection rule, a collector cannot:
- Call before 8 a.m. or after 9 p.m. your time, unless you agree to it
- Call you at work if you tell it your employer doesn’t allow those calls
- Call more than seven times in seven days about a debt, or within seven days after a phone conversation with you about that debt
- Keep emailing, texting, or messaging you on social media after you ask it to stop using that channel
- Threaten violence or use obscene or profane language
- Claim you owe more than you do
- Pretend to be a lawyer or a government official
- Say you’ll be arrested
- Threaten a lawsuit it doesn’t intend to file
- Add interest or fees your contract or state law doesn’t allow
- Deposit a post-dated check early
- Tell your family, friends, or coworkers that you owe a debt
A collector can talk about the debt with you, your spouse, or your lawyer. It can contact other people to find your address, phone number, or workplace, usually once, and it can never tell them why it’s looking for you.
How to stop a debt collector from contacting you
You can make a debt collector stop contacting you by sending a letter asking it to stop. After that, the FTC says the collector can contact you only to confirm it will stop or to tell you about a specific action, such as a lawsuit.
Think before you send that letter. It ends the calls, but it doesn’t erase the debt. The collector can still sue you or report the debt to the credit bureaus. The FTC suggests talking to the collector at least once, even if you plan to send a stop letter, so you learn what it claims you owe.
If you have a lawyer, tell the collector. It then has to deal with your lawyer instead of you.
Old debts and the statute of limitations
Each state sets a time limit for suing over a debt, called the statute of limitations. The CFPB says most states set limits of three to six years, and some go longer. Some debts, such as federal student loans, have no limit.
Once the limit passes, the debt is “time-barred.” A collector can’t sue you or threaten to sue over a time-barred debt. It can still ask you to pay.
Be careful with old debts. In some states, a small payment or a written statement that you owe the debt can restart the clock. If a collector asks for “just $20 to show good faith” on a very old debt, find out your state’s rules first.
The statute of limitations is separate from credit reporting. Most negative information, including collections, can stay on your credit report for seven years, whether or not the collector can still sue.
If you owe the debt
If the debt is valid, you have options:
- Pay it in full if you can, and get a letter confirming the account is paid.
- Offer a settlement for less than the full amount. Get the agreement in writing before you pay, and make sure it says the payment settles the whole debt.
- Set up a payment plan you can afford. Don’t agree to an amount that will make you miss rent or utilities.
Never give a collector direct access to your bank account unless you’re sure of the amount and timing. A check, money order, or a single card payment you start yourself gives you more control. Our guide on removing a collections account covers what happens to your credit report after you pay.
If you get sued
Don’t ignore court papers. If you don’t respond, the court can enter a judgment against you, and in many states that opens the door to wage garnishment or a frozen bank account. Read our guide on what to do if you’re sued over a debt for the steps.
Where to report a debt collector
If a collector breaks these rules, report it to:
- The CFPB
- The FTC at ReportFraud.ftc.gov
- Your state attorney general
You can also sue a collector that breaks the FDCPA. The FTC says you have one year from the violation to file. A court can award up to $1,000 in extra damages, plus attorney’s fees and court costs, even if you can’t prove actual harm. Winning doesn’t cancel a debt you owe.
Keep a log of every call: date, time, the collector’s name, and what was said. Save letters, voicemails, and texts. Records like these make a complaint or a lawsuit much stronger.
For more help with debt, see our Debt Center and the debt payoff calculator.
