Being Contacted by a Debt Collector?
You have rights. Federal law limits what collectors can do, say, and threaten — even if you owe the money. National credit-card delinquency data provide context, but they do not predict whether any individual account will enter collections.
What's happening right now?
What law protects me?
The FDCPA is the main federal law on debt collection. It covers credit cards, medical bills, auto loans, student loans, and mortgages. It sets strict rules for how collectors can reach you.
The FDCPA covers collection agencies, attorneys who regularly collect debts, and many debt buyers — generally not the original lender, or a company that took over the debt before it was in default. Many states cover original lenders too.
You can sue for up to $1,000 in statutory damages per lawsuit, plus actual damages and attorney fees.
You can dispute, demand proof, or demand they stop calling — whether or not the debt is real.
A CFPB rule that updated debt collection practices. It limits repeated collection calls, adds rules for texts and emails, and requires collectors to disclose when a debt is too old to sue over. (2021) added rules for digital contact. Collectors can email, text, and message you on social media — but must let you opt out of each method. Calling you more than 7 times in 7 days about one debt, or within 7 days after a phone conversation about it, is presumed to be harassment, with some exceptions.
Can a debt collector add interest or fees?
Only if the original agreement or state law allows it. The federal FDCPA bars a collector from collecting any amount, including interest, fees or charges, unless the agreement that created the debt or the law permits it (15 U.S.C. § 1692f(1)).
The federal law doesn't set an interest rate cap of its own. Your original contract and your state's law decide what can be added. If the balance has grown and you don't know why, ask the collector in writing to show how they got to that number. That's part of debt validation.
What can collectors NOT do?
The law bans a long list of tactics. Any violation gives you the right to sue.
- Calling over and over to harass you
- Using profane or abusive language
- Threatening violence or harm
- Publishing your name on a "deadbeat list"
- Calling without saying who they are
- Claiming to be police, a government agency, or an attorney
- Threatening arrest — you cannot be arrested for civil debt
- Threatening to sue when they have no legal right to
- Inflating the amount or adding fake fees
- Using forms designed to look like court documents
- Charging fees not in the original agreement
- Depositing a post-dated check early
- Threatening to seize property they have no right to take
- Sending a postcard (which reveals your debt to others)
- Calling before 8 AM or after 9 PM your local time
- Calling your job if they know your employer bans it
- Contacting you when you have a lawyer on the case
- Calling your family or friends more than once (except to find you)
What ARE collectors allowed to do?
During allowed hours (8 AM – 9 PM), collectors may call, write, email, or text. Under A CFPB rule that updated debt collection practices. It limits repeated collection calls, adds rules for texts and emails, and requires collectors to disclose when a debt is too old to sue over. , digital contact is permitted but you can opt out. More than 7 calls in 7 days about one debt, or a call within 7 days after you talked about it, is presumed to be harassment, with some exceptions.
Collectors can report valid debts to credit bureaus (Equifax, Experian, TransUnion). A disputed debt must be marked as disputed. A collection account can stay on your report for seven years, counted from 180 days after the first missed payment that led to it.
If the The time limit for a creditor to sue you for an unpaid debt. Varies by state (commonly 3-6 years, up to 15 in some states, per the Consumer Financial Protection Bureau) and debt type. After it expires, the debt becomes 'time-barred' — collectors can ask you to pay but cannot sue. Learn more → has not expired, collectors can take you to court. If they win, they may get a A court-ordered process that takes money directly from your paycheck or bank account to pay a debt. Federal law limits wage garnishment to 25% of disposable earnings. Learn more → order — taking money from your paycheck or bank account. They cannot sue on time-barred debt, though they can still ask you to pay.
A A written letter telling a debt collector to stop contacting you. They must comply by law, but the debt still exists and they can still sue you to collect it. Learn more → letter stops contact about the debt or debts you name in it. Name each debt clearly. If different collectors hold your debts, send each collector its own letter.
12 common FDCPA violations
If a collector has done any of these, write down the date, the time and what was said.
- Calling before 8 a.m. or after 9 p.m. your time (§ 1692c(a)(1))
- Calling you at work after you've told them your employer doesn't allow it (§ 1692c(a)(3))
- Contacting you directly when they know a lawyer represents you on the debt (§ 1692c(a)(2))
- Telling your family, friends or employer about the debt (§ 1692c(b))
- Calling again and again to annoy or harass you (§ 1692d(5))
- Threatening violence, or using obscene or abusive language (§ 1692d(1), (2))
- Threatening arrest or jail (§ 1692e(4))
- Pretending to be a lawyer, the police or a government agency (§ 1692e(1), (3))
- Threatening a lawsuit they can't bring or don't plan to bring (§ 1692e(5))
- Lying about how much you owe (§ 1692e(2)(A))
- Adding interest or fees that your agreement or state law doesn't allow (§ 1692f(1))
- Not sending the written notice of the debt within five days of first contact, or collecting after you disputed in writing within 30 days without first verifying the debt (§ 1692g)
If a collector broke the law, the collector pays your attorney's fees. If you sue under the FDCPA and win, the court orders the collector to pay your reasonable attorney's fees and court costs, on top of your actual damages and up to $1,000 more (15 U.S.C. § 1692k). You have one year from the violation to sue.
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What are my rights?
Right to Your legal right to demand proof that a debt collector owns your debt and the amount is correct. Must be requested in writing within the 30-day validation period. Learn more →
In its first contact, or within 5 days after it, the collector must give you validation information: the amount of the debt, the creditor's name, and the date your 30-day window to dispute ends. It can give this in the first call or letter, so a separate notice isn't always needed.
If you dispute in writing before the 30-day window ends: the collector must stop collecting the disputed debt, or the disputed part, until it sends you verification of the debt or a copy of a judgment. This is your strongest early tool.
Right to stop contact
Send a written A written letter telling a debt collector to stop contacting you. They must comply by law, but the debt still exists and they can still sue you to collect it. Learn more → letter demanding they stop all contact. After they get it, they can contact you only to say they're stopping, or to tell you about a specific step they or the creditor may take or plan to take, such as a lawsuit.
This does not erase the debt. They can still sue, sell it, or report it. But the calls stop.
Yes. You can dispute at any time. But after 30 days, the collector does not have to pause while they verify. Send disputes by certified mail regardless. See current consumer debt statistics for context on national delinquency trends.
Common reasons to dispute:
- The debt is not yours (identity theft, wrong person)
- The amount is wrong
- You already paid it
- It was A court order that permanently eliminates your legal obligation to pay certain debts at the end of a successful bankruptcy case. Learn more → d in bankruptcy
- The The time limit for a creditor to sue you for an unpaid debt. Varies by state (commonly 3-6 years, up to 15 in some states, per the CFPB) and debt type. After it expires, the debt becomes 'time-barred' — collectors can ask you to pay but cannot sue. Learn more → has passed
Tell the collector you have a lawyer for that debt. Give them your attorney's name and address. Once the collector knows, it generally has to deal with your attorney instead of you. Exceptions include an attorney who doesn't respond within a reasonable time or who agrees to direct contact.
If the statute of limitations has not expired, stopping contact may push the collector to sue instead of keep calling. Know your SOL position before sending one. See the table below.
How do I make them stop calling?
Start by calling to demand Your legal right to demand proof that a debt collector owns your debt and the amount is correct. Must be requested in writing within the 30-day validation period. Learn more → . Then follow up in writing. Below are two printable letter templates — fill in the blanks, sign, and send by certified mail with return receipt. Use the Document Tracker to keep copies and track dates.
“This is [your name]. I'm calling to request written verification of this debt, including the name of the original creditor and the amount owed, before you make any further contact. My address is [your address]. Do not contact me by phone after this call.”
Debt Validation Request Letter
Send before your 30-day window ends (30 days after you receive the collector's notice). The collector must stop collecting the disputed debt until it sends verification. Send by certified mail.
Your name
Your street address
City, State, ZIP
Date
Collection agency name
Collection agency address
City, State, ZIP
Re: Account # account or reference number from their notice
Dear Sir or Madam:
I received your communication dated date on their letter regarding the above-referenced account.
Pursuant to 15 U.S.C. § 1692g of the Fair Debt Collection Practices Act, I dispute this debt and am requesting validation of it. Please provide the following:
1. The name and address of the original creditor
2. The amount of the original debt at the time it was assigned or sold to you
3. Documentation that you are authorized to collect this debt
4. The itemization date, and an itemization of any interest, fees, payments and credits since that date
5. A copy of any judgment, if applicable
Until you send me verification of this debt, you must cease collection of it, as required by 15 U.S.C. § 1692g(b) and 12 CFR § 1006.38(d)(2).
This letter is not an acknowledgment that I owe this debt. I am exercising my rights under federal law.
Sincerely,
Your signature
Your printed name
Sent via USPS Certified Mail # tracking number
Cease-and-Desist Letter
Stops all contact about a specific debt. Does not erase the debt — they can still sue or report it. Know your statute of limitations before sending.
Your name
Your street address
City, State, ZIP
Date
Collection agency name
Collection agency address
City, State, ZIP
Re: Account # account or reference number from their notice
Dear Sir or Madam:
Pursuant to 15 U.S.C. § 1692c(c) of the Fair Debt Collection Practices Act, I am notifying you in writing that I wish you to cease all further communication with me regarding the above-referenced account.
You may only contact me to confirm that you are ceasing communication, or to notify me that you are invoking a specific legal remedy such as filing a lawsuit. Any other contact will be considered a violation of federal law.
[Optional — include if they have already violated the law:]
I am also documenting the following violation(s) of the FDCPA:
On date, your representative describe what happened — e.g., called at 7:15 AM, used abusive language, threatened arrest, in violation of 15 U.S.C. § section number.
I am retaining a copy of this letter and the certified mail receipt. I reserve all rights under the Fair Debt Collection Practices Act, including the right to file a complaint with the CFPB and to pursue statutory damages.
Sincerely,
Your signature
Your printed name
Sent via USPS Certified Mail # tracking number
When can they no longer sue me?
Every debt has a The time limit for a creditor to sue you for an unpaid debt. Varies by state (commonly 3-6 years, up to 15 in some states, per the CFPB) and debt type. After it expires, the debt becomes 'time-barred' — collectors can ask you to pay but cannot sue. Learn more → — a deadline for filing a lawsuit. Once it passes, the debt is "time-barred." They can still ask you to pay, but they cannot win in court if you raise the defense.
The clock usually starts from your last payment or last charge. In many states, making a new payment or acknowledging the debt in writing restarts the clock.
| State | Credit Card / Written | Oral Contract |
|---|---|---|
| California | 4 years | 2 years |
| New York | 3 years | 6 years |
| Texas | 4 years | 4 years |
| Florida | 5 years | 4 years |
| Illinois | 5 years | 5 years |
| Ohio | 6 years | 6 years |
| Pennsylvania | 4 years | 4 years |
| Georgia | 6 years | 4 years |
| Michigan | 6 years | 6 years |
| Washington | 6 years | 3 years |
| North Carolina | 3 years | 3 years |
| Arizona | 6 years | 3 years |
| Colorado | 6 years | 6 years |
| Virginia | 5 years | 3 years |
| Massachusetts | 6 years | 6 years |
SOL laws vary and change. Verify the current law in your state before acting.
Zombie debt is old, time-barred debt that collectors try to revive. They call hoping you will make a small payment or acknowledge it in writing — which can restart the clock.
If you get a call about a very old debt, check the date of last activity before you say or pay anything. Under A CFPB rule that updated debt collection practices. It limits repeated collection calls, adds rules for texts and emails, and requires collectors to disclose when a debt is too old to sue over. , a collector can't sue you, or threaten to sue, over a debt that's past the SOL. Some states also require collectors to tell you when a debt is that old.
How do I file a complaint?
Document everything
Write down every call: date, time, collector's name, company, what they said. Save every letter, email, and voicemail. This is the foundation of any complaint or lawsuit.
Go to consumerfinance.gov/complaint. The CFPB forwards your complaint to the company and tracks it publicly.
“I want to file a complaint about a debt collector. The company is [name]. They violated the Fair Debt Collection Practices Act by [describe what happened]. I have documentation including [letters, call logs, recordings].”
Report at ReportFraud.ftc.gov. The FTC does not resolve individual cases, but your report helps target enforcement actions.
Many states have their own collection laws that go further than federal rules. Find your AG at naag.org.
You have one year from the violation to sue. Damages: up to $1,000 statutory, plus actual damages and attorney fees. Many consumer lawyers take FDCPA cases for free — they collect fees from the collector. Find free legal help near you.
“I'm looking for an attorney who handles Fair Debt Collection Practices Act cases. A debt collector has [describe the violation]. I have documentation. Can you help me find someone in [your state]?”
What about mortgage debt specifically?
Mortgage servicers are subject to additional rules under Regulation X (RESPA) beyond the FDCPA. If your mortgage servicer is mishandling your account, you can send them legally binding demand letters — a Qualified Written Request or Notice of Error — and for most letters they must respond within 30 business days.
We track CFPB complaint records for 74 mortgage servicers, including Wells Fargo, Bank of America, Ocwen, JPMorgan Chase, U.S. Bank, PNC Bank, Citibank, and Specialized Loan Servicing. Each servicer profile includes their complaint grade, contact information, and ready-to-send demand letter templates.
What about my credit report?
Collection accounts often show up on your credit report, even after you pay. You have separate rights under the Fair Credit Reporting Act (FCRA). Start by pulling all three reports for free at AnnualCreditReport.com — the only federally authorized source.
Write to Equifax, Experian, or TransUnion. Each generally must finish its investigation within 30 days (up to 15 more if you send relevant information during that time). Disputes are free. Use certified mail for a paper trail — or use their online portals.
Yes. Send your dispute to the collector or original creditor who reported the item, at the address on your credit report or the one it gives for disputes. If your dispute meets the rule's requirements, the company must reasonably investigate, and if it reported something inaccurate it must tell the bureaus the correction.
A collection account can stay on your report for seven years. The clock starts 180 days after the date you first fell behind on the original account, not when a collector took the debt over. If it still shows after that, dispute it.
Not automatically. Some collectors agree to "pay for delete" — removing the item in exchange for full payment. Get any agreement in writing before you pay.
Common questions
No. Unpaid consumer debt — credit cards, medical bills, personal loans — is a civil matter. Threatening arrest is a clear FDCPA violation. The only exception: if a court orders you to appear and you refuse (contempt of court, not the debt itself).
Only to find your home address, phone number or workplace. A collector doing that can't say you owe a debt, and can usually contact a person only once unless that person asks it to call back. The rules count your spouse as you, so a collector can discuss the debt with your spouse. A collector who breaks these limits is violating the rules.
The debt does not disappear. If the statute of limitations has not expired, they may sue. If you do not respond to a lawsuit, a default judgment could lead to A court-ordered process that takes money directly from your paycheck or bank account to pay a debt. Federal law limits wage garnishment to 25% of disposable earnings. Learn more → of your wages or bank account. Ignoring calls is understandable — but addressing the debt gives you more control.
If you paid the original creditor but the debt was already sold, the collector may not know. Send a Your legal right to demand proof that a debt collector owns your debt and the amount is correct. Must be requested in writing within the 30-day validation period. Learn more → letter with proof of payment. Collecting on a paid debt is a violation.
Settlement means paying less than the full balance. It clears the debt but the forgiven amount may be reported to the IRS as income (Form 1099-C). It shows on your credit report as "settled" instead of "paid in full." Get any agreement in writing before paying.
Generally no. The FDCPA applies to third-party collectors, not the original lender. Many states have broader laws that do cover original creditors. The The federal agency that enforces consumer financial protection laws, handles complaints, and can fine mortgage servicers for illegal practices. Learn more → 's A CFPB rule that updated debt collection practices. It limits repeated collection calls, adds rules for texts and emails, and requires collectors to disclose when a debt is too old to sue over. follows the FDCPA: it covers debt collectors, not an original creditor collecting in its own name.
Frequently Asked Questions
Can I be arrested for not paying a debt?
No. Unpaid consumer debt — credit cards, medical bills, personal loans — is a civil matter. Threatening arrest is a clear FDCPA violation. The only exception: if a court orders you to appear and you refuse (contempt of court, not the debt itself).
Can debt collectors call my family or employer?
Only to find your home address, phone number or workplace. A collector doing that can't say you owe a debt, and can usually contact a person only once unless that person asks it to call back. The rules count your spouse as you, so a collector can discuss the debt with your spouse. A collector who breaks these limits is violating the rules.
What happens if I just ignore debt collectors?
The debt does not disappear. If the statute of limitations has not expired, they may sue. If you do not respond to a lawsuit, a default judgment could lead to garnishment of your wages or bank account. Ignoring calls is understandable — but addressing the debt gives you more control.
I already paid this debt. Why are they calling?
If you paid the original creditor but the debt was already sold, the collector may not know. Send a debt validation letter with proof of payment. Collecting on a paid debt is a violation.
What is the difference between settlement and paying in full?
Settlement means paying less than the full balance. It clears the debt but the forgiven amount may be reported to the IRS as income (Form 1099-C). It shows on your credit report as "settled" instead of "paid in full." Get any agreement in writing before paying.
Does the FDCPA cover my bank or credit card company?
Generally no. The FDCPA applies to third-party collectors, not the original lender. Many states have broader laws that do cover original creditors. The CFPB's Regulation F follows the FDCPA: it covers debt collectors, not an original creditor collecting in its own name.
Protect yourself from scams
People in financial distress are prime targets for fraud. Know these rules:
Report fraud: CFPB · FTC · your state attorney general's office.
Is this happening to you?
Are debt collectors calling about bills you can't pay?
Related guides
The bigger picture
The American Distress Index tracks 105 indicators of financial distress — including credit-card delinquency, charge-off rates, and household debt service ratios. These are separate aggregate measures. They do not identify which accounts enter collection, establish a fixed sequence between the measures, or describe the resources of individual borrowers.
How many Americans have debt in collections → | View the American Distress Index → | Check your financial exposure