How Long Can a Bill Collector Try to Collect Your Debt

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Bill collectors can be relentless, but there's a limit to how long they can try to collect your debt. Typically, a bill collector can try to collect your debt for a maximum of 6 years from the date of the original debt.

If you're dealing with a debt that's older than 6 years, the bill collector may not be able to collect it, but this doesn't mean the debt is automatically erased. The collector may still try to collect it, but they're on shaky ground.

The Fair Debt Collection Practices Act (FDCPA) regulates how bill collectors can contact you, and it also sets limits on how long they can try to collect a debt.

Debt Collection Process

The debt collection process can be a complex and frustrating experience, but knowing your rights can help. A debt collector must send you a written notice, called a validation notice, within five days of first contacting you. This notice must include the amount they think you owe, the name of the creditor, and how to dispute the debt in writing.

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If you don't dispute the debt in writing within 30 days, the debt collector may assume the debt is valid and continue trying to collect it. However, if you do dispute the debt in writing, the collector must stop contacting you until they can provide verification of the debt.

Here are some key things to know about disputing a debt:

  • You don't owe the debt.
  • You've already paid the debt.
  • You want more information about the debt.
  • You want the debt collector to stop contacting you or to limit its contact with you.

To dispute a debt, you should send a letter to the debt collector by certified mail with a return receipt. Keep a copy of the letter and receipt for your records. Your letter should include any relevant information, such as receipts or canceled checks, to support your claim.

If you've already paid the bill, be sure to include that explanation in your letter and send copies of any receipts or other supporting documents. The debt collector must stop contacting you until they can provide verification of the debt.

Communication with Debt Collector

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Debt collectors can only contact you between 8 a.m. and 9 p.m. unless you specifically ask them to call at other times.

You have the right to ask a debt collector to stop contacting you entirely, but be aware that this may still allow them to report your debt to credit reporting companies.

If a collector calls you and asks you to pay money you don’t owe, politely explain why you don’t believe you owe the money and ask the collector to acknowledge that it is taking you off its call list.

Be wary of providing personal information over the phone to collectors, as scam artists often try to dupe consumers into revealing their private information.

A collector must send you a written notice within five days after their first call to you, telling you the amount of money you owe, the name of the creditor, and what action you should take if you believe you don’t owe the money.

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If you tell the collector you don’t owe the money and it persists, ask for the collector’s name and mailing address, and for it to send you documentation to substantiate the debt.

Here are some key steps to take if you're contacted by a debt collector:

  • Politely explain why you don't believe you owe the money.
  • Ask the collector to acknowledge that it is taking you off its call list.
  • Request the collector's name and mailing address.
  • Ask the collector to send you documentation to substantiate the debt.
  • Write the collector a letter disputing the debt if you still don't think you owe the money.

Debt Collection Laws and Consequences

Debt collectors have to follow certain laws when trying to collect a debt. They can't contact your employer to ask about your debt unless it's to verify your employment, get your location information, or garnish your wages after a court judgment.

A debt collector can contact your family, neighbors, or other people about your debt only in certain circumstances, such as to get your location information or if a court has given them permission to do so.

Here are some specific situations where a debt collector might be able to contact other people about your debt:

  • They are doing so to get your location information;
  • A court has given the debt collector permission to do so;
  • If, after the debt collector sued you and a court entered judgment against you, it is reasonably necessary to contact other people to effectuate the judgment; or
  • You or your attorney agreed in writing that the debt collector may contact other people.

If you think your debt may be time-barred, you may want to consult an attorney, as debt collectors may still try to collect on those debts.

Debt Collection Facts

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Debt collectors can't contact you at all hours of the day and night, but they can call between 8 a.m. and 9 p.m.

You have the right to ask a debt collector to contact you only by mail, or through your attorney, or set other limitations. Make sure you send your request in writing, send it by certified mail with a return receipt, and keep a copy of the letter and receipt.

Debt collectors can't make false or misleading statements, including lying about the debt they're collecting or the fact that they're trying to collect debt.

If you dispute a debt in writing with a debt collector, that debt collector must tell any credit reporting company that it has reported your debt to that you dispute the debt.

You have 30 days under federal law to send the collector a letter requesting that it validate the debt if you don’t believe you owe it.

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Here are some types of information you may want to ask a debt collector to validate if you don’t believe you owe the money:

  • A full itemization of the debt, including a breakdown of the total principal, interest, fees, and other charges.
  • The service or merchandise purchased with the debt.
  • The full name and address of the debtor at the time the debt was incurred and the last four digits of the debtor’s Social Security number.
  • The full name and address of the original creditor.
  • A copy of the original contract.
  • Other documents to support the debt.

Debt collectors can't take money from your federal benefits, including Social Security benefits, Supplemental Security Income benefits, Veterans benefits, and more.

Here are some federal benefits that are generally exempt from garnishment:

  • Social Security benefits
  • Supplemental Security Income benefits
  • Veterans benefits
  • Federal student aid
  • Military annuities and survivors’ benefits
  • Benefits from the Office of Personnel Management
  • Railroad retirement benefits
  • Federal emergency disaster assistance

You have the right to ask a debt collector to stop contacting you entirely, but keep in mind that this may still allow them to file a lawsuit or take other action against you.

Interest and Charges

Interest and charges can add up quickly, but debt collectors can only collect them if they're explicitly allowed by law or the original agreement.

Debt collectors must disclose how much they're charging and why if you ask. To do so, send a letter requesting an explanation in writing.

You have the right to know what you're being charged, and debt collectors must provide this information upon request.

If you suspect the debt collector is charging more than allowed, consider consulting an attorney to review the agreement and determine if the charges are lawful.

Debt collectors can only collect interest, fees, and charges that are expressly authorized by the agreement or permitted by law.

Old Debts

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Old debts can be a real headache, and collectors may still try to collect on them even if they can't sue you. In California, there's a four-year limit for filing a lawsuit to collect a debt based on a written agreement.

Debt collectors may send you collection notices, call you to try to get you to pay, or report your debt to credit reporting companies, even if they're time-barred from suing you. This can be frustrating and stressful, especially if you've already disputed the debt.

If you think your debt may be time-barred, it's a good idea to consult an attorney to figure out your options. They can help you understand the clock on the time limit and whether it's been restarted.

Debt buyers can be particularly tricky, as they may be trying to collect from the wrong person. This happened to John, who received letters from a debt buyer trying to collect on an old phone bill with a phone company he'd never done business with.

Employer or Third-Party Contact

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A debt collector can contact your employer, but only for specific purposes. They can verify your employment, get your location information, garnish your wages after a court judgment, or find out if you have medical insurance.

If a debt collector calls your employer to verify your employment, it's usually a one-time call. If they don't get a response to their written contact within 15 days, they may then call or contact your employer again.

A debt collector can't contact your family, neighbors, or other people about your debt unless they're trying to get your location information, or a court has given them permission. They also can't contact these people if you're under 18 or live with them, unless it's to contact your parents or guardian.

Here are the specific situations where a debt collector can contact your employer or third-party:

  • To verify your employment;
  • To get your location information;
  • To garnish your wages after a court judgment;
  • To find out if you have medical insurance;
  • You or your attorney agreed in writing that they may contact your employer or other people.

Preparation and Protection

To prepare for potential debt collection calls, keep records of any disputes for several years. This is because debts can be resold over and over.

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If you suspect a debt collector isn't playing fair, you can file a complaint with the Minnesota Department of Commerce. They license debt collection agencies and can suspend or cancel a collector's license if they break the law.

The Minnesota Department of Commerce can be reached at 85 7th Place East, Suite 280, St. Paul, MN 55101, or by calling (651) 539-1600 locally or (800) 657-3602 from Greater MN.

You can also file a complaint with the Office of the Minnesota Attorney General, which can investigate abuses by debt collectors and enforce Minnesota's consumer protection laws.

Frequently Asked Questions

What is the 777 rule with debt collectors?

The 777 rule restricts debt collectors from making more than 7 calls within a 7-day period and from calling a consumer within 7 days after a previous conversation about the debt. This rule aims to prevent harassment and protect consumers from excessive contact.

Can a 13 year old debt still be collected?

The statute of limitations for collecting debt varies by state, but in most cases, a 13-year-old debt is still collectible. However, the exact timeframe depends on the state's laws, so it's best to check your local regulations for more information.

Will debt collectors eventually give up?

Debt collectors are often relentless and may not give up easily, even if the debt is not collected. They will continue to push for payment using various tactics.

Sean Dooley

Lead Writer

Sean Dooley is a seasoned writer with a passion for crafting engaging content. With a strong background in research and analysis, Sean has developed a keen eye for detail and a talent for distilling complex information into clear, concise language. Sean's portfolio includes a wide range of articles on topics such as accounting services, where he has demonstrated a deep understanding of financial concepts and a ability to communicate them effectively to diverse audiences.

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