FDCPA · Regulation F
Debt collectors and money problems: know your rights
What a debt collector is allowed to do, how to dispute a debt you don't owe, and what happens if a collector sues you.
Key points
- Calls
- A collector is presumed to break the law if it calls you about a debt more than 7 times in 7 days, or within 7 days after talking with you about it.
- The notice
- You should get a validation notice that names the collector, itemizes the debt and gives an end date for a 30-day period to dispute it.
- Deadline
- Dispute in writing within those 30 days and the collector must pause collecting the disputed amount until it responds.
- Free help
- Complain to the Consumer Financial Protection Bureau: (855) 411-2372. Legal aid in your state.
Guides in this area
- Your rightsWhat debt collectors can and can't doLimits on debt collector calls, the validation notice and your 30 days to dispute, how to ask for contact in writing, and where to complain. Official US sources.
- Situation, step by stepA debt collector is after me: the whole path, step by stepThe whole path from a collector's first call to court: your 30 days to dispute, what to say, the summons, your answer and the hearing. Official US sources.
- Your rightsWage garnishment: how much can be taken from your paycheckHow much of your paycheck can be garnished under federal law, stricter limits in California, Texas, New York and Florida, and how to claim an exemption.
- How toBankruptcy: Chapter 7 or 13, the means test and the 341 meetingChapter 7 vs Chapter 13 bankruptcy: who qualifies, the means test, credit counseling, fees, the automatic stay, the 341 meeting and the debts that remain.
- How toIdentity theft: what to do right nowWhat to do right away: report it at IdentityTheft.gov, call the companies, place a free fraud alert or credit freeze and block fraudulent accounts.
- Your rightsCar repossession: your rights before and after the car is takenCar repossession in plain English: when a lender can take the car, voluntary repossession, getting it back, the sale notice, the deficiency and your credit.
- How toHow to dispute an error on your credit reportGet your free reports, dispute each error in writing with the credit reporting company and the company that reported it, and know the 30-day investigation deadline.
Short answers, with the law behind them
How often can a debt collector call me?
A collector is presumed to break the law if it calls more than 7 times in 7 days about a debt, or within 7 days after a phone conversation with you about it. The pattern of calls also matters. 12 C.F.R. § 1006.14(b)(2)
What must a debt collector tell me about the debt?
A validation notice, as the first contact or within five days after it, saying who the collector is, itemizing the debt and giving the end date of your 30-day dispute period. 12 C.F.R. § 1006.34
What happens if I dispute the debt in writing?
If you dispute in writing within the 30 days, the collector must stop collecting the disputed amount until it sends you verification. 15 U.S.C. § 1692g(b)
What happens if I ignore a debt lawsuit?
If you do not respond by the deadline in the papers, the other side can win without the court hearing you: a default judgment. Court rules · e.g. Fed. R. Civ. P. 55
Does filing for bankruptcy stop wage garnishment and collection calls?
Generally, yes, while the automatic stay lasts: creditors may not start or continue lawsuits, wage garnishments or calls demanding payment. Some actions are not stopped, such as collecting child support from property outside the bankruptcy. See how bankruptcy works. 11 U.S.C. § 362
How long does a credit report dispute take?
A credit reporting company generally must investigate within 30 days of receiving your dispute. 15 U.S.C. § 1681i(a)(1)
How often can I get my credit report for free?
Once a week from each of the three nationwide credit reporting companies, at AnnualCreditReport.com. CFPB · FTC
Can my car be repossessed without notice?
In many states, yes. After you default, a lender can take the car without a court order or a warning, as long as it does not breach the peace. You have the right to be notified before the car is sold, and you may be able to buy it back before the sale by paying the full debt plus the repossession costs. See Car repossession. FTC · CFPB · Cal. Com. Code § 9609 · Tex. Bus. & Com. Code § 9.609 · Fla. Stat. § 679.609
Where to complain, for free
Other areas of US law
Official sources
- CFPB: When and how often can a debt collector call me? consumerfinance.gov
- CFPB: What is a debt validation notice? consumerfinance.gov
- Regulation F, 12 C.F.R. § 1006.34: validation information consumerfinance.gov
- CFPB: How do I dispute an error on my credit report? consumerfinance.gov
- FTC: Free credit reports consumer.ftc.gov
- CFPB: Submit a complaint consumerfinance.gov
This page explains the law in general terms. It is not legal advice about your situation. Justice is not a law firm and is not affiliated with any court or government agency.