A debt collector contacted me.

What a debt collector is

Being contacted by a collector is common, and there are rules they must follow.

The Consumer Financial Protection Bureau (CFPB) says a debt collector is generally a person or company that regularly collects debts owed to others. That includes collection agencies, lawyers who collect debts as part of their business, and companies that buy past-due debts and then try to collect them, sometimes called debt buyers.

• Why they may be contacting you. The CFPB says a creditor may believe you are behind on a debt, a debt buyer may now own it, or the collector may be trying to find someone you know. In that last case it is not allowed to tell you that person owes a debt.
• Which debts the main law covers. The Fair Debt Collection Practices Act (FDCPA) is the main federal law. The CFPB and the Federal Trade Commission (FTC) say it covers personal, family and household debts, such as credit cards, car loans, medical bills, student loans and mortgages, but not business debts. The CFPB adds that it doesn’t generally cover collection by the original creditor itself, though most states have their own debt collection laws.
• The Debt Collection Rule. The CFPB’s rules under that law, often called Regulation F, took effect on November 30, 2021. Several of the rights below come from them.
• Ignoring it rarely helps. The CFPB says avoiding a collector is unlikely to make them stop, and they may look for other ways to collect, including a lawsuit.

This page explains what those agencies say. It does not tell you whether you owe a debt or what to do about yours.

Is it your debt, and is the collector real?

Find out who they are and what the debt is before you pay anything.

• Ask who they are. The CFPB says a legitimate collector can tell you their name, company name, street address and phone number, and their license number if your state licenses debt collectors. You can check those details with your state attorney general and state regulator.
• Know the warning signs. The CFPB and the FTC both list signs of a scam: a debt you don’t recognize, a collector who won’t give a mailing address or phone number or details of the debt, threats of arrest or criminal charges, pressure to pay at once, and requests for your bank or other financial details.
• Keep your financial details to yourself until you’re sure. The CFPB says never to give sensitive financial information to the caller until you have confirmed they are legitimate. The FTC says not to share personal or financial information until you have the validation information or already know the collector.
• Compare it with your records. The validation information (next section) is the best way to tell whether a debt is yours, the FTC says. Your credit report may also list debts in collection.

Official or not? explains how to check a call, letter or website in your country.

What they must tell you

This is called validation information. It is your best tool for checking a debt.

The CFPB says a debt collector generally has to give you validation information in their first communication or within five days of it, in writing or electronically. When it is sent that way it is called a validation notice. The CFPB lists what it must include:

• a statement that the communication is from a debt collector;
• your name and mailing address, and the debt collector’s;
• the name of the creditor you owe (there may be more than one);
• the account number, if there is one;
• an itemization of the debt since a particular date, showing interest, fees, payments and credits, and the current amount;
• how to reply if you think the debt isn’t yours or the amount is wrong;
• the end date of a 30-day period in which you can dispute the debt.

If a collector won’t or can’t give you this information, the CFPB says it could be a scam.

Asking for more information, or disputing it

Do it in writing, and within the 30 days if you can.

• The 30 days. The CFPB says you have 30 days after you receive the validation information to dispute all or part of the debt in writing. If you dispute it in writing within that time, the collector must stop collecting the disputed amount until it sends you verification, such as a copy of the original bill, the FTC says. The FTC adds that if you don’t dispute within 30 days, the collector will assume the debt is valid.
• The original creditor. You can also ask for the name and address of the original creditor, if it is different. The CFPB says that if you ask in writing within 30 days, the collector must stop collecting until it gives you that information.
• After the 30 days. The CFPB says it is still a good idea to ask for what you need, even if more time has passed.
• If you already paid. The CFPB suggests first making sure it is not a scam, then sending copies (never originals) of proof such as statements or cancelled checks.
• Proof you sent it. Both agencies suggest keeping a copy of your letter and sending it by certified mail with a return receipt. The CFPB says the validation notice may include a tear-off form you can use, and that if the collector offers a way to reply electronically, you can use that instead.
• Keep records. The CFPB suggests keeping every letter and document, copies of what you send, and notes of the date, time and content of each call. It also says collectors keep records too, so what you say, including admitting a debt, could be used later.

Your rights about contact

Collectors may contact you, but there are limits on when, how and how often.

• Times and places. The CFPB says collectors are generally not allowed to contact you before 8 a.m. or after 9 p.m., or at a time or place they know is inconvenient. If you tell them you can’t take personal calls at work, they may not contact you there.
• How often they can call. The CFPB and the FTC say a collector is presumed to break the law if it calls you about a particular debt more than seven times in seven days, or within seven days after a phone conversation with you about it. The CFPB says these limits apply to calls, not to texts, emails or social media messages, which have other protections.
• Email, text and social media. The CFPB says a collector may not post publicly about your debt on social media, though it may message you privately unless you ask it not to. Electronic messages must include a simple way to opt out.
• Other people. The CFPB says a collector may generally contact other people only to find your address, phone number or workplace, usually only once, and may not tell them you owe a debt. It may discuss the debt only with you, your spouse, your parents if you are a minor, your guardian, executor or administrator, and your lawyer.
• If you have a lawyer. Once a collector knows a lawyer represents you about the debt, it generally must contact the lawyer instead of you, the CFPB says.
• Asking them to stop. You can tell a collector in writing to stop contacting you, and it must stop, the CFPB says, except to confirm it will stop or to tell you about a specific action such as a lawsuit. Both agencies point out that the debt doesn’t go away: the collector may still sue or report the debt to a credit reporting company. The FTC suggests talking to the collector at least once first, especially if you don’t think you owe the debt.
• What collectors may not do. The FTC lists examples: threaten to hurt you, use obscene language, lie about the amount, pretend to be a lawyer or from the government, say you will be arrested, threaten legal action they won’t take, add charges not allowed by your contract or the law, or reveal your debt publicly, for example on a postcard or envelope.
• Old debts. States set a time limit, called the statute of limitations, for suing over a debt. The CFPB says a collector may not sue or threaten to sue once it has passed, though in most states it may still ask you to pay. The CFPB and the FTC both say that in some states a payment, or even admitting the debt, can restart the clock.

If you’re sued

Court papers have deadlines. Both agencies say the same thing first: don’t ignore them.

1. Respond by the date in the court papers. The CFPB and the FTC say to respond, yourself or through a lawyer, by the deadline stated. The FTC says this may mean a written answer, going to court, or both. Responding doesn’t mean you agree that you owe the debt, the CFPB says.

2. Know what the collector has to prove. The FTC says that if you take part, the collector has to show that you owe the debt, that the amount is right, and that it has the legal right to sue you. If the debt is old, check whether the time to sue has run out.

3. Understand what happens if you don’t respond. The court may decide without hearing from you, a “default judgment”, the CFPB and the FTC say. A judgment can let a creditor garnish wages, put a lien on property or freeze money in a bank account, depending on state law, and the CFPB says it can be very hard to change afterwards.

4. Look for free legal help straight away. See free help below. The FTC notes that some collectors would rather settle than go through a long lawsuit.

The FTC says many federal benefits, including Social Security and veterans benefits, are generally exempt from court-ordered garnishment, with exceptions such as delinquent taxes, child or spousal support and student loans.

Reporting a problem

If a collector breaks the rules, or you think it is a scam, you can report it.

• The CFPB. You can submit a complaint online or by phone. The CFPB says it forwards complaints to the company for a response, and sends them to another agency if that agency is better placed to help.
• The FTC, at ReportFraud.ftc.gov.
• Your state attorney general. The FTC says many states have their own debt collection laws, and your attorney general’s office can help you understand your rights under them. USAGov lists every state and territory attorney general.
• Going to court. The FTC says you may also sue a collector who broke the law, within one year of the violation, and that even if a court finds against the collector, you may still owe the debt.

Free help

You don’t have to deal with this alone.

• Legal aid. The FTC points people with low incomes to the Legal Services Corporation’s search tool, which finds a legal aid organization near an address. The CFPB says legal aid offices or clinics may help for free if you meet their criteria, and that some lawyers offer free or reduced-fee services.
• Choosing a lawyer. The CFPB suggests looking for experience in consumer law, debt collection defense or the FDCPA, asking about fees before you agree, and checking the lawyer is in good standing with the state bar. Servicemembers can contact their local JAG office.
• Credit counseling. The CFPB says credit counselors can advise you on managing money and debts and help you make a budget, and usually offer free educational materials and workshops.
• The CFPB’s phone line. The CFPB lists (855) 411-2372 for questions, and TTY/TDD (855) 729-2372.

For other money questions, Money basics covers budgets, credit reports and borrowing, and free help by country lists the official services we have checked.

In other countries

The rules above are for the United States. Elsewhere they are different.

Coverage here is partial: these are the countries where Moraph has offices and where we opened an official page on debt collection on the review date. We have not yet checked official pages for India or the Philippines; free help by country lists the official services we have checked there.

• United Kingdom. GOV.UK suggests speaking to a debt adviser, and describes Breathing Space, which gives temporary protection from creditors and is applied for through a debt adviser. The Financial Conduct Authority (FCA) says to complain to the firm first, then to the free Financial Ombudsman Service if you are unhappy with the answer, and that you can check the Financial Services Register to see whether a firm is authorized.
• Canada. The Financial Consumer Agency of Canada says to write down the agent’s name, company and phone number and the details of the debt, check your own records, and tell the collector and creditor if the debt isn’t yours. It says complaints go to your financial institution if a federally regulated institution is collecting, or to your provincial or territorial consumer affairs office if the debt was sold to an agency.
• Australia. Moneysmart, from the Australian Securities and Investments Commission, sets out when collectors may call and visit and what they must not do, and says you can dispute a debt and ask for the contract and a statement. It points to the free National Debt Helpline, financial counselors, community legal centers and Legal Aid, and to the Australian Financial Complaints Authority if behavior doesn’t stop.
• New Zealand. Consumer Protection, part of the Ministry of Business, Innovation and Employment, lists what collectors must not do, and says that if you dispute a debt or apply for hardship, collection must stop until that is resolved. It points to free financial mentors and to your lender’s dispute resolution scheme.

A one-page checklist

Print it, or keep it with your papers.