JusticeRights guide · United States

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.

FEDERALFederal law first. Your state can add more.Checked by the Justice legal team against official sources · Last reviewed

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

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

  1. CFPB: When and how often can a debt collector call me? consumerfinance.gov
  2. CFPB: What is a debt validation notice? consumerfinance.gov
  3. Regulation F, 12 C.F.R. § 1006.34: validation information consumerfinance.gov
  4. CFPB: How do I dispute an error on my credit report? consumerfinance.gov
  5. FTC: Free credit reports consumer.ftc.gov
  6. 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.