Your rights
A debt collector keeps calling me. What can I do?
Key takeaways
- A collector is presumed to break the law if it calls you about a debt more than seven times in seven days, or within seven days after talking with you about it.
- You should get a validation notice describing the debt, with an end date for a 30-day period to dispute it.
- If you dispute in writing within those 30 days, the collector must pause collecting the disputed amount until it responds.
Answering the phone does not mean agreeing that you owe the money. When a debt collector contacts you, use the conversation to find out about the debt, so you can tell whether the collector is legitimate and whether you really owe it.
Federal law limits how and when collectors can contact you, what they must tell you about the debt, and how they must respond when you dispute it.
Your rights when a debt collector contacts you
- Limits on calls. A collector is presumed to violate the law if it calls you about a debt more than seven times within seven days, or within seven days after a phone conversation with you about it.12 CFR 1006.14
- Information about the debt. A validation notice, sent as the first contact or within five days after it, saying who the collector is and itemizing the debt.12 CFR 1006.34
- Thirty days to dispute. The notice gives an end date for a 30-day period to dispute the debt or ask for the original creditor's name and address.15 U.S.C. § 1692g
- Collection pauses when you dispute. If you dispute in writing within the 30 days, the collector must pause collecting the disputed amount until it has responded.15 U.S.C. § 1692g(b)
What the validation notice must tell you
- That the message is from a debt collector, with its name and mailing address, and yours.
- An itemization of the debt: interest, fees, payments and credits since a stated date.
- The current amount of the debt.
- How to reply if you think the debt is not yours or the amount is wrong.
- The end date of your 30-day period to dispute.
What to say on the phone
“You owe this, and it has to be paid today.”
You can say: “Please send me the validation notice in writing.”
“Can you confirm this is your account?”
You can say: “I'm not confirming anything until I see the details in writing.”
“We'll keep calling until this is settled.”
You can say: “Please contact me in writing only.”
“Who is your employer?”
You can ask: “Who are you, and who is the original creditor?”
The CFPB publishes sample letters you can send to dispute a debt, ask for more information or tell a collector how to contact you.
If you think you don't owe the debt
- Read the validation notice and note the end date of your 30 days.
- Dispute in writing before that date. Say what you believe is wrong: the debt is not yours, the amount is wrong, or it was already paid.
- Keep copies. Keep a copy of your letter and proof of when you sent it.
- Report problems. You can submit a complaint to the Consumer Financial Protection Bureau.
Can I handle this on my own, or do I need a lawyer?
Many people handle collection calls on their own with the notice and a written dispute. If a collector sues you, take the court papers seriously and get help quickly, because missing the court's deadline can let the other side win without hearing you.
Official sources
- CFPB: When and how often can a debt collector call me? consumerfinance.gov
- CFPB: What information does a debt collector have to give me? consumerfinance.gov
- CFPB: What should I do when a debt collector contacts me? consumerfinance.gov
- Regulation F, § 1006.34: Notice for validation of debts consumerfinance.gov
Related
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.