How to Deal With Debt Collectors: Your Rights

To deal with debt collectors, confirm the debt is really yours, ask for validation, and put disputes and requests in writing. Federal law limits when and how often collectors can contact you and lets you dispute a debt or tell a collector to stop.

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A call from a debt collector can be stressful, especially if you don’t recognize the name or the amount. You have more control than it may feel like in the moment.

This guide gives you a simple plan for handling collectors, what to say and not say, how to dispute a debt, the limits on calls and texts, and how to make the contact stop.

How Do You Deal With Debt Collectors?

You deal with debt collectors by staying calm, getting the facts and handling anything important in writing. This plan works for most situations:

1. Get the basics. Write down the collector’s name, mailing address, phone number and the original creditor.
2. Read the validation notice. It tells you who the creditor is, how much the collector says you owe, and the end date to dispute.
3. Check your records. Compare the amount and dates with your own statements and payment records.
4. Dispute in writing if something is wrong, before the end date on the notice.
5. Decide on a plan if the debt is yours: pay, set up a payment plan or negotiate a settlement in writing.
6. Keep a log of every call, letter and text, and keep copies of what you send.

The CFPB’s guide on what to do when a debt collector contacts you follows the same approach and offers free sample letters.

What Should You Say to a Debt Collector on the Phone?

Say as little as you need to get the facts. Ask for the collector’s name and address, the original creditor and the amount, and ask it to send the details in writing. You don’t have to agree to anything on the call.

What not to say or do on the phone:

• Don’t give bank or card details. The CFPB says never to give sensitive financial information to the caller until you know it’s legitimate.
• Don’t agree to pay on the spot. Wait until you’ve seen the validation notice and checked your records.
• Don’t acknowledge an old debt. In some states, a partial payment or acknowledging an old debt can restart the time limit to sue, according to the CFPB.

How Do You Dispute a Debt With a Collector?

Send a written dispute before the end date on the validation notice, which is about 30 days after you receive it. Under 15 U.S.C. 1692g, if you dispute in writing within that period, the collector must stop collecting the disputed amount until it mails you verification.

According to the CFPB, the notice should include the name of the creditor, the amount owed and how and by when you can dispute it.

A debt validation letter is the simplest way to ask for proof, and it includes a template. If you never got a notice, read what to do if a debt collector never sent a written notice.

A collection can also appear on your credit report. If a collector reports a debt it knows you’ve disputed, it must report it as disputed, under 15 U.S.C. 1692e. If the entry is inaccurate or can’t be verified, you can dispute it with the credit bureaus for free.

If writing to the collector and disputing with up to three bureaus is more than you have time for, a reputable credit repair company can handle the credit report disputes for you.

How Often Can Debt Collectors Call You?

A debt collector is presumed to break the rules if it calls you about a particular debt more than seven times in seven days, or within seven days after a phone conversation with you about that debt. That’s under 12 CFR 1006.14, often called the “7-in-7” rule.

Some calls don’t count toward the limit, such as calls that don’t connect and calls made within seven days after you give the collector permission directly.

Collectors also can’t contact you at times or places they know, or should know, are inconvenient. Under 12 CFR 1006.6, unless they know otherwise, times before 8 a.m. or after 9 p.m. your local time count as inconvenient.

They can’t contact you at work if they know or have reason to know your employer doesn’t allow it.

If a time, day or place doesn’t work for you, tell the collector. Once it knows, it shouldn’t contact you then.

Can Debt Collectors Text, Email or Contact Your Family?

Collectors can text or email you, but you can make them stop. Under 12 CFR 1006.6, each electronic message must include a simple way to opt out. The FTC says a collector can’t contact you by email, text or private social media message if you ask it to stop.

Your family is mostly off limits. The FTC says a collector generally can’t discuss your debt with anyone but you or your spouse. It may contact other people to find you, but usually only once, and it can never tell them you owe a debt.

How Do You Get Debt Collectors to Stop Calling?

Send the collector a letter saying you want it to stop contacting you. Under 15 U.S.C. 1692c(c), once the collector receives it, it generally must stop. It may still contact you to confirm it’s stopping or to tell you about a specific action, such as a lawsuit.

You may have seen an “11-word phrase” online that’s said to stop debt collectors. No exact wording is required. What matters under federal law is that your request is in writing.

The FTC suggests sending it by certified mail with a return receipt so you can show it arrived. The CFPB explains how to get a debt collector to stop contacting you and links to sample letters.

Stopping contact doesn’t erase a debt you owe. The collector or creditor may still sue if the debt isn’t past your state’s time limit.

What Can’t Debt Collectors Do?

Debt collectors can’t harass you, lie to you or treat you unfairly. According to the FTC, they can’t:

• Threaten to hurt you or use obscene or profane language
• Pretend to be an attorney or someone from the government
• Tell you that you owe a different amount than you actually owe
• Publicly reveal your debt, such as on a postcard or envelope
• Tell you that you’ll be arrested. Not paying a debt isn’t a crime. Read can you go to jail for not paying debt.
• Sue or threaten to sue over a time-barred debt, one past your state’s statute of limitations, under 12 CFR 1006.26

If a collector breaks the rules, report it to your state attorney general, the FTC or the CFPB. Keep your call log, letters and envelopes. The FTC notes you can also sue a collector, but you have to file within one year of when it broke the law.

Do You Have to Pay a Debt Collector?

If the debt is yours and the amount is right, you still owe it. The CFPB notes that ignoring a collector’s calls usually won’t make the collector go away, and it may sue. If the debt isn’t yours, was already paid or the amount is wrong, dispute it in writing.

If you owe the debt, you can often negotiate a payment plan or a lower lump sum. Get any agreement in writing before you pay. The guide to negotiating with creditors walks through how.

If you’re sued, don’t ignore it. The FTC says to respond by the date in the court papers, or you might lose the chance to fight a court order. A consumer attorney or legal aid office can help.

Frequently Asked Questions

Bottom Line on Dealing With Debt Collectors

You have real rights when a debt collector contacts you. Get the facts, keep your financial details private, dispute in writing before the end date on the validation notice if something looks wrong, and send a written request if you want the contact to stop. Keep records, and report a collector that crosses the line.

This article is general information, not legal advice. If you’ve been sued or aren’t sure about your rights, consider talking with a consumer attorney or legal aid office.