consumer

Respond to Debt Collection

Federal & State Law Editorial TeamLast reviewed: May 2026

Immediate Deadlines

Dispute the debt and request validation:Within 30 days of first written notice
Respond to court summons (if sued):20-30 days from service (state-dependent)
Check statute of limitations on debt:Before making any payment or acknowledgment

Documents You'll Need

All collection letters received
Original creditor account agreement (if available)
Records of last payment date
Bank statements or payment records
Court papers if you've been sued
Credit reports (free at annualcreditreport.com)

Step-by-Step

Get the dunning letter and review it

Within 5 days of first contact, the collector must send a written notice (15 USC § 1692g) stating: amount owed, original creditor, and your right to dispute the debt within 30 days. If they didn't send this notice, they violated FDCPA.

Send a written debt validation request

Within 30 days, send a written letter via certified mail demanding the collector verify the debt: original creditor name, account number, total amount owed with itemization, and proof you owe it. The collector must stop collection until they respond. Most collectors cannot validate old debts and stop pursuing them.

Check the statute of limitations

Each state limits how long debts can be sued on (typically 3-6 years for most debts). After this period, the debt is 'time-barred' — you cannot be sued. WARNING: Making any payment or acknowledging the debt in writing can RESTART the clock. Consult your state's SOL before paying anything.

Document all collector contacts

Keep a log of every call: date, time, company name, caller name, what was said. Keep all letters. The FDCPA prohibits collectors from: calling before 8 AM or after 9 PM, calling at work after being told to stop, threatening arrest, using profane language, or contacting third parties about the debt.

If sued, respond on time

Many debt collectors file lawsuits even on time-barred or unverifiable debts. NEVER ignore a court summons — they can get a default judgment, leading to wage garnishment and bank levies. File an Answer raising defenses: statute of limitations, lack of standing (collector hasn't proven ownership), or improper service.

Negotiate or settle

Most debt collectors will accept 25-50% of the debt as full settlement. Get any settlement IN WRITING before paying. Specify that the payment is full satisfaction of the debt and the collector will report it as 'paid in full' to credit bureaus.

Consider counter-claims for FDCPA violations

FDCPA violations entitle you to actual damages, statutory damages up to $1,000, and attorney's fees. Examples: failure to validate, harassment, threatening arrest, contacting third parties. Many consumer attorneys take FDCPA cases on contingency.

How This Varies by State

Statute of limitations varies: AL 3 years, CA 4 years (written contracts), TX 4 years, FL 5 years, NY 6 years, OH 6-8 years, IL 5-10 years. Some states (NC, MS) have shorter limits. State debt collection laws (like Rosenthal Act in CA, Texas Finance Code 392) often provide stronger protections than FDCPA. State licensing requirements for collectors vary.

Common Mistakes to Avoid

Making a small payment 'just to be safe' — restarts the SOL clock
Ignoring a court summons — leads to default judgment
Agreeing to settlement over the phone without written confirmation
Not requesting debt validation in writing within 30 days
Believing collector threats about arrest or jail (debt is civil, not criminal)

Official Resources

CFPB: Debt Collection FTC: Debt Collection FAQs Sample Debt Validation Letters (CFPB)

Related Resources on This Site

Tools

Forms

debt validation letter
cease and desist letter

Guides

When to Get a Lawyer

If you've been sued by a debt collector
If a collector has violated FDCPA (harassment, calls at odd hours, threats)
If you're considering bankruptcy

Frequently Asked Questions

Can debt collectors call me at work?

Yes, until you tell them (in writing or verbally) that your employer prohibits such calls. After that, contact at work is illegal under FDCPA § 805(a)(3).

What is debt validation?

A written request to the collector to provide proof you owe the debt: original creditor, account documents, amount itemization. Many collectors buy debt portfolios and don't have records, so validation requests often end collection.

Will the debt fall off my credit report?

Most debts disappear from credit reports after 7 years from the original delinquency date. Bankruptcy stays for 7-10 years. Paying old debts doesn't restart the credit reporting clock — but settlement is often noted.

Can I be arrested for debt?

No. Debt is civil, not criminal. Some states allow arrest for failure to appear at debtor's exams or contempt of court — not for the debt itself. Collectors threatening arrest violate FDCPA.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.