Answer the call, but do not commit to anything
When a debt collector calls, pick up if you can. Ignoring the call does not make the debt go away, and collectors can pursue other methods like letters or court action. Answering gives you a chance to gather information and protect yourself.
Do not agree to pay, promise a payment date, or confirm any details about the debt during that first call. Collectors are trained to get you talking and to lock in a commitment. Instead, stay calm and say: "I need to verify this debt before we discuss anything. Send me written notice." Then end the call. This is your right under federal law.
Write down the time, date, the collector's name, the company name, and the phone number they called from. Note anything they said about the debt amount or creditor. You will need this record.
Key Takeaways
- You have the right to request written verification of the debt within 30 days of the first contact, and collectors must stop collection efforts until they provide it.
- Do not confirm your identity, agree to pay, or discuss the debt details on the phone—ask for everything in writing first.
- Collectors cannot call before 8 a.m. or after 9 p.m. in your time zone, cannot contact you at work if your employer forbids it, and cannot harass, threaten, or lie about what they will do.
- Send a written request for verification by certified mail within 30 days of their first call, and keep a copy for your records.
- If the collector violates these rules, you can report them to your state attorney general and the Consumer Financial Protection Bureau, and you may have grounds to sue.
Send a written verification request within 30 days
After the call, send a letter by certified mail with return receipt to the address the collector provided (or the address on any written notice they send). Keep a copy for yourself. The letter should say: "I dispute this debt. I request that you verify the debt in writing before contacting me further."
You have 30 days from the first contact to send this letter. Once you send it, the collector must stop calling and other collection efforts until they send you written proof that the debt is real. That proof should include the original creditor's name, the amount owed, and documentation showing you owe it.
Many collectors cannot produce this proof because the debt was sold multiple times, the records are incomplete, or the debt is too old. If they cannot verify it, they must stop collection efforts. If they cannot verify it and keep calling anyway, that is a violation you can report.
Know what collectors are not allowed to do
The Fair Debt Collection Practices Act is a federal law that sets hard rules for how collectors can contact you. Collectors cannot call before 8 a.m. or after 9 p.m. in your time zone. They cannot call you at work if your employer has a policy against it. They cannot contact your family members, friends, or employer to discuss the debt—they can only ask those people for your contact information.
Collectors cannot threaten you, use profanity, or tell you they will have you arrested, garnish your wages without a court order, or seize your property. They cannot lie about the amount owed, who they are, or what will happen if you do not pay. They cannot call repeatedly in a short time to harass you. They cannot tell you the debt is yours if you have already disputed it in writing.
If a collector breaks any of these rules, document it. Write down the date, time, what they said, and how they violated the law. This record is evidence.
Report violations to government agencies
If a collector violates the Fair Debt Collection Practices Act, you can report them to the Consumer Financial Protection Bureau (CFPB) at consumerfinance.gov. You can also report them to your state's attorney general office. Both agencies track complaints and can investigate.
Keep copies of all written communication from the collector—letters, emails, text messages. If you have a phone record showing repeated calls, save that too. The more documentation you have, the stronger your report.
Some violations give you the right to sue the collector in small claims court or civil court. You can recover actual damages (money you lost because of the violation), statutory damages (a set amount the law allows), and attorney fees. You do not need a lawyer to file in small claims court, and the filing fee is usually under $100.
Do not ignore a lawsuit if the collector files one
If the collector sues you in court, you will receive a summons and complaint. Do not ignore it. If you do not respond within the time the court sets (usually 20 to 30 days), the collector wins by default and can pursue wage garnishment or bank levies.
If you receive a summons, respond in writing to the court by the important date. You can dispute the debt, argue that the collector did not verify it, or claim the debt is too old under your state's statute of limitations. Each state has different time limits—usually between three and six years—after which a collector cannot sue you for the debt, though they can still call.
If you cannot afford a lawyer, contact your local legal aid office. Many offer free or low-cost help with debt collection lawsuits.
Understand what happens if you ignore the debt
Ignoring a collector's calls does not erase the debt. The collector can report it to credit bureaus, which damages your credit score. They can sue you. If they win, they can garnish your wages (take money directly from your paycheck) or levy your bank account (take money directly from your savings). The exact rules depend on your state and the type of debt.
However, debts have an expiration date. Your state's statute of limitations sets how long a collector can sue you. For credit card debt, this is usually three to six years. For medical debt, it varies. Once the statute of limitations expires, the collector can no longer sue, though they may still call (unless you have sent a written request to stop).
If a collector sues after the statute of limitations has passed, you can raise that as a defense in court. The debt does not disappear from your credit report just because the statute of limitations expires, but the collector loses the power to sue.
Send a cease-and-desist letter if calls will not stop
If a collector keeps calling after you have disputed the debt in writing, or if the calls are harassing, you can send a cease-and-desist letter. This is a formal written request to stop all contact. Send it by certified mail with return receipt.
The letter should say: "I request that you cease all collection efforts and stop contacting me when ready. Any further contact will be considered harassment and reported to the Consumer Financial Protection Bureau and my state attorney general."
Once a collector receives a cease-and-desist letter, they can only contact you to say they are stopping collection efforts or to notify you of a lawsuit. If they call again after that, it is a clear violation and you have strong grounds to report them or sue.
Frequently Asked Questions
Can a debt collector call my family or my boss?
A collector can contact a family member or coworker only to ask for your phone number or address. They cannot tell that person about the debt or ask them to make you pay. If they do, that is a violation. If your employer has a policy against personal calls at work, the collector cannot call you there at all.
What if the debt collector is calling about a debt I do not recognize?
Send a written verification request when ready. The collector must prove the debt is yours before they can continue collection efforts. If they cannot verify it, they must stop. Debts are sometimes sold to collectors with incomplete records, or the wrong person is contacted by mistake.
Can a debt collector take money from my bank account without a court order?
No. A collector can only take money from your bank account after they have sued you, won the case, and obtained a court order called a judgment. If a collector threatens to do this without a court order, that is a violation of federal law.
How long can a debt collector keep calling me?
A collector can call until the statute of limitations expires in your state, unless you send a written cease-and-desist letter. Even after the statute of limitations expires, they may still call, but they cannot sue. If you send a cease-and-desist letter, they can only contact you to say they are stopping or to notify you of a lawsuit.
What should I do if I actually owe the debt?
If the debt is real, you can negotiate a settlement or payment plan directly with the collector. Do this in writing, not over the phone. Get any agreement in writing before you pay. You can also contact the original creditor to see if they will work with you before the debt goes to a collector, which may give you better terms.