Get Legal Help with Debt Collectors and Debt Collection Laws

Dealing with debt collectors can be overwhelming and stressful, but you don't have to face it alone. In the United States, the Fair Debt Collection Practices Act (FDCPA) protects consumers from abusive and deceptive practices by debt collectors.

The FDCPA prohibits debt collectors from contacting you at inconvenient times or places, such as your workplace. This means you can't be harassed or intimidated into paying a debt.

If a debt collector is violating the FDCPA, you have the right to sue them for damages. The FDCPA also requires debt collectors to provide you with written notice of the debt and to stop collection activities if you dispute the debt.

You can take action to protect yourself from debt collector harassment by sending a cease and desist letter, which is a formal request to stop contacting you.

If a debt collector contacts you about a debt you don't owe, respond as soon as possible in writing to dispute the debt. You have 30 days from the initial contact to dispute the debt in writing.

Make sure to respond in writing to dispute the debt, as simply calling the collector won't cease collection activities. You can send the dispute letter by certified mail with a return receipt requested.

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 you allegedly owe, the name of the creditor, and how to dispute the debt in writing.

Don't give a debt collector any personal or financial information until they send you the validation notice, as it may be a scam. You should dispute a debt in writing if you don't owe the debt, already paid the debt, want more information about the debt, or want the debt collector to stop contacting you or limit its contact with you.

Here are the reasons to dispute a debt in writing:

If you dispute the debt, the collector must stop trying to collect the debt until they can show you verification of the debt. If the disputed item is incorrect, the debt collector must correct it and notify anyone who received a report containing the incorrect item.

Debt collectors cannot harass or abuse you, period. They cannot swear, threaten to harm you or your property, or make false threats.

Repeated calls over a short period to annoy or harass you are also not allowed. Debt collectors can't make false or misleading statements, like lying about the debt or pretending to be from a government agency.

Unusual or inconvenient times for calls are also off-limits. Generally, debt collectors can call between 8 a.m. and 9 p.m., but you can ask them to call at other times if those hours are inconvenient for you.

Debt collectors can't call you at work if they know your employer doesn't permit such calls, or call before 8 a.m. or after 9 p.m. unless they know it's more convenient for you.

Some examples of abusive collection tactics include:

If you're being subjected to harassing or abusive debt collection tactics, you can notify the collector in writing and ask them to stop contacting you. Keep a copy of your letter and send the original to the debt collector by certified mail.

You also 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.

A debt collector can only contact your employer to verify your employment, get your location information, or garnish your wages after a court judgment.

Debt collectors can also contact your spouse, parents or guardian if you're under 18 or live with them, and your attorney.

If an attorney represents you, the debt collector must contact the attorney instead of you.

A debt collector can contact credit reporting companies (Equifax, Experian, and TransUnion) about your debt, but only if allowed by law.

Debt collectors are usually prohibited from contacting third parties more than once, except to find your location information.

Here are some exceptions where debt collectors can contact others:

Debt collectors can only charge you interest and fees if they're explicitly allowed by the agreement that created the debt or by law.

If you ask, the debt collector must explain how much they're charging and why, and they have to do it in writing. To request this information, send a letter to the debt collector asking for an explanation.

You can also consult an attorney to see if the debt collector is charging you more than they're allowed to by law or the agreement creating the debt.

Debt collectors must be transparent about their charges and provide you with a written explanation if you ask.

Debt collectors may report your debt to credit reporting companies, which put together credit reports that creditors use when deciding whether to give you credit.

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.

Debt collectors cannot report false information about your debt.

For more information on credit reporting, see Credit Scores and Credit Reports.

Old time-barred debts can still cause trouble, even if debt collectors can't sue you to collect.

In California, the clock for collecting a debt based on a written agreement starts to run from the moment the debt became due, but it can be tricky to figure out when that clock starts or gets restarted.

A partial payment of the debt can restart the clock, making it harder to know for sure if a debt is time-barred.

Debt collectors may still send you collection notices, call you to try to get you to pay, or report your debt to credit reporting companies, even if they can't sue you.

If you think your debt may be time-barred, consulting an attorney can help clarify your options.

Debt collectors can't take your home or wages unless they have a court judgment against you.

In Texas, your residence is protected from debt collection if it's declared a homestead, except for specific debts like mortgage defaults or home equity loans.

Wages can only be garnished for court-ordered child support, back taxes, and defaulted student loans.

Debt collectors can't garnish wages for repayment of consumer debt, so if they threaten to do so, it might be a scam.

If you're being sued by a debt collector, don't ignore the summons - it can lead to a default judgment and wage garnishment.

You may want to consult an attorney to discuss your options if you're being sued by a debt collector.

Certain federal benefits, such as social security benefits and veterans' benefits, generally can't be garnished.

The law sets limits on how much debt collectors can garnish your wages and bank accounts.

If you believe a debt collector is violating the law, you have options for reporting your complaint. You may report your complaint to the Attorney General's Office, which uses complaints to learn about misconduct.

The Attorney General's Office cannot give legal advice or provide legal assistance to individuals, so you may want to seek out an attorney for help. For information on how to find an attorney, you can see Attorneys/Lawyers.

You may also report your complaint to the FTC, which enforces the federal Fair Debt Collection Practices Act. This Act prohibits abusive, unfair, or deceptive debt collection practices. The FTC is a good option if you believe a debt collector is engaging in such practices.

Additionally, you can report your complaint to the CFPB, which may forward it to the company and work to get you a response. The CFPB is a good option if you want to try to resolve the issue through a response from the company.

You can report your complaint to any of these organizations by following these steps:

Reporting your complaint is an important step in holding debt collectors accountable for their actions. Don't hesitate to reach out if you have any questions or concerns.

If a debt collector sues you, it's essential to respond by the date specified in the court papers. You can respond personally or through an attorney, and it's crucial to preserve your rights by responding and not ignoring the lawsuit.

A debt collector can't take money from your paycheck or bank account without first suing you and getting a court order, known as a garnishment. This order allows them to take money from your paycheck to pay your debts.

Many federal benefits are generally exempt from court-ordered garnishment, including Social Security benefits, Supplemental Security Income benefits, and Veterans benefits.

Some examples of federal benefits that are exempt from garnishment include:

If you receive notice of a lawsuit, it's crucial to discover what to do next and take action promptly. Ignoring a lawsuit can lead to a judgment being made against you.

Don't ignore a lawsuit, or you might lose the chance to fight a court order. You should respond and get a lawyer to represent you in court.

In Texas, wages may be garnished only to pay debts related to court-ordered child support, back taxes, and defaulted student loans. Debt collectors cannot garnish wages for repayment of consumer debt.

If you're being harassed by debt collectors, you have rights under the law. The Fair Debt Collection Practices Act prohibits collectors from calling you at work if they know your employer doesn't allow it.

This federal law also bars collectors from calling before 8:00 a.m. or after 9:00 p.m. unless they're sure you're okay with it. Collectors must respect your boundaries.

The law specifically prohibits unfair or unconscionable means to collect a debt, as well as any conduct that's intended to harass, oppress, or abuse you. If you're being subjected to these tactics, you can take action.

To stop further contact, notify the collector in writing. Keep a copy of your letter and send the original by certified mail.

Dealing with debt collectors can be a nightmare, but there are laws in place to protect you. The Fair Debt Collection Practices Act (FDCPA) is a federal law that applies to professional debt collection agencies and attorneys.

If a debt collector is harassing or abusing you, you can put a stop to it by sending a written notice to the collector. Keep a copy of your letter and send the original certified mail.

Debt collectors are only allowed to contact you, your spouse, or your attorney about your debt. They can contact third parties, but only to get your home address, phone number, and work information. This is usually only done once.

Here are some things debt collectors can't do:

If you're being contacted by a debt collector, remember that you have rights. The FDCPA covers personal, family, and household debts, including credit cards, auto loans, medical bills, and mortgages.

If you're behind in paying your bills or a creditor's records mistakenly make it appear that you are, a debt collector may be contacting you.

A debt collector is someone who regularly collects debts owed to others, including collection agencies, lawyers who collect debts on a regular basis, and companies that buy delinquent debts and then try to collect them.

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, unfair, or deceptive practices to collect from you.

Under the FDCPA, you have rights that protect you from debt collectors who may try to take advantage of you.

A debt collector can take money from your bank account, but not without going to court first. They need a court order, called a garnishment, to direct your bank to turn over funds to pay the debt.

If a collector sues you and wins, the court will enter a judgment against you, allowing the collector to get a garnishment order. This means your bank will be required to hand over funds from your account to pay the debt.

Federal benefits, such as Social Security benefits, Supplemental Security Income benefits, and Veterans benefits, are generally exempt from garnishment, except for certain exceptions like delinquent taxes or child/spousal support.

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

Don't ignore a lawsuit summons, or you'll lose the opportunity to fight a wage garnishment or bank account garnishment. Respond to the lawsuit by the specified date to preserve your rights.