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How to Deal with Debt Collectors

Federal & State Law Editorial TeamLast reviewed: 2025-12-08

The Fair Debt Collection Practices Act (FDCPA) regulates how third-party debt collectors can contact you and what they can do.

Your rights under the FDCPA:

  • Written notice — Within 5 days of first contact, the collector must send a written validation notice with the amount owed, the creditor's name, and your right to dispute.
  • Dispute the debt — You have 30 days to dispute the debt in writing. The collector must then verify the debt before continuing collection.
  • Stop contact — You can send a written cease-and-desist letter demanding the collector stop contacting you. They must comply except to confirm they will stop or to notify you of legal action.
  • What collectors CANNOT do:

  • Call before 8 a.m. or after 9 p.m.
  • Call your workplace if told not to
  • Contact you directly if you have an attorney
  • Use threats of violence or harm
  • Use obscene language
  • Make false statements about the debt
  • Claim to be law enforcement
  • Threaten actions they cannot or will not take
  • Discuss your debt with third parties (except your spouse, attorney, or co-signers)
  • Add unauthorized fees or interest
  • Steps to take:

  • Request written verification of the debt.
  • Check the statute of limitations — old debts may be uncollectible.
  • Keep records of all communications.
  • Negotiate a settlement or payment plan if the debt is valid.
  • File complaints with the CFPB and FTC if the collector violates the law.
  • Remedies. You can sue for statutory damages ($1,000 per lawsuit), actual damages, and attorney's fees.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • A debt collector is harassing or threatening you
    • You are being sued for a debt and need to respond
    • You want to sue a debt collector for FDCPA violations
    Related Statutes & Laws
    • Fair Debt Collection Practices Act (15 U.S.C. § 1692)
    • State debt collection laws

    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.