A call from a debt collector can be stressful. Federal rules set clear limits, and knowing them helps you respond calmly.
Quick summary
- The Fair Debt Collection Practices Act covers third-party debt collectors, not usually the original lender.
- Collectors must send a validation notice with details of the debt and your right to dispute it.
- You have 30 days after receiving the notice to dispute the debt in writing.
- Calling more than seven times in seven days about one debt is presumed to be harassment under Regulation F.
The Fair Debt Collection Practices Act (FDCPA) and the Consumer Financial Protection Bureau’s Regulation F set the rules for third-party debt collectors. They don’t erase what you owe, but they stop collectors from using unfair or abusive tactics.
What a collector must tell you
Within five days of first contacting you, a collector must send a validation notice. It should show:
- the name of the creditor and the amount owed
- how that amount was calculated
- how and by when you can dispute the debt
Your right to dispute
You have 30 days after receiving the validation notice to dispute the debt or ask for the name and address of the original creditor. Do it in writing and keep a copy. Until the collector sends verification, it must pause collection of the disputed amount.
What collectors can’t do
| Not allowed | Example |
|---|---|
| Harassment | Repeated calls meant to annoy, threats, abusive language |
| Excessive calls | More than seven calls in seven days about one debt is presumed harassment |
| Inconvenient times | Calls before 8 a.m. or after 9 p.m. your local time, unless you agree |
| False statements | Pretending to be a lawyer or police, or overstating what you owe |
| Telling others | Discussing your debt with family, neighbors or your employer, with limited exceptions |
| Unfair practices | Adding unauthorized fees or threatening arrest |
Quick tip
Ask every caller for their name, company, address and the debt details, and keep notes of each contact. Don’t confirm personal or bank details until you’ve seen a validation notice.
Old debts
Every state has a statute of limitations for lawsuits on debts, often several years. Collectors can’t sue or threaten to sue on a debt that’s past that limit. In some states, a payment or written acknowledgment can restart the clock, so get advice before paying a very old debt. Separately, most negative items drop off your credit report seven years after the original delinquency, as our guide to charge-offs and collections explains.
Red flag
Scammers sometimes pose as debt collectors. Never pay a debt you don’t recognize until you’ve received written validation and checked it against your credit reports at AnnualCreditReport.com.
Responding with confidence
Read the validation notice, check the debt against your records and decide whether to dispute, pay or seek help. If you owe the debt but can’t afford it, a nonprofit credit counselor can explain options such as a debt management plan. Report collectors who break the rules to the Consumer Financial Protection Bureau.
Reader questions
Can I tell a debt collector to stop contacting me?
Yes. If you ask in writing, the collector must generally stop, except to confirm it will stop or to tell you about specific actions like a lawsuit. The debt doesn’t go away.
Can a debt collector sue me for an old debt?
Each state sets a time limit for lawsuits on debts. Collectors can’t sue or threaten to sue on a debt that’s past that limit, though in some states a payment can restart the clock.
Where do I report a collector who breaks the rules?
You can submit a complaint to the Consumer Financial Protection Bureau and your state attorney general. You may also have the right to sue for violations.
This article is general information, not financial or legal advice. Scoring models, lender policies and laws change, and state rules vary. Check official sources such as the Consumer Financial Protection Bureau and the Federal Trade Commission, and consider a nonprofit credit counselor for help with your own situation.