Debt Collector Rights: A Plain-English Guide (FDCPA)

Quick answer: Under the Fair Debt Collection Practices Act (FDCPA) and the CFPB’s Regulation F, third-party collectors must send you a written validation notice, may not harass or deceive you, and must follow limits on when and how often they contact you. You can dispute a debt, tell a collector to stop contacting you, and file complaints if rules are broken. This guide is general information, not legal advice.

Debt Collector Rights: What the FDCPA and Regulation F Cover

Being contacted about a debt is stressful, and collectors often count on you not knowing the rules. You do not have to be an expert. You only need to know the basics and keep good records.

The FDCPA is the main federal law. Regulation F is the CFPB rule that spells out how the law works today, including the details on call frequency, texts, emails and the validation notice. For a deeper walk-through, see your rights with debt collectors under the FDCPA.

Who is covered

• Usually covered: third-party collection agencies, debt buyers, and law firms that regularly collect consumer debts for others.
• Usually not covered by the FDCPA: the original creditor collecting its own debt under its own name, such as your credit card issuer. Many states have their own laws that do cover original creditors.
• Debts covered: personal, family and household debts, such as credit cards, medical bills, personal loans and auto loans. Business debts are generally not covered.

What collectors can and cannot do

Collectors may	Collectors may not
Contact you by phone, mail, email or text, within the rules	Call before 8 a.m. or after 9 p.m. your local time
Ask you to pay a debt you actually owe	Lie about the amount, who they are, or what will happen
Contact other people to find your location information	Tell others, such as relatives or an employer, that you owe a debt
Sue you, if the debt is not time-barred	Threaten arrest, or threaten action they cannot or do not intend to take
Send a letter confirming a cease-contact request or notifying you of a specific action	Use obscene language, threats of violence, or repeated calls meant to annoy

For practical do’s and don’ts, see how to deal with debt collectors.

Validation Notices and Disputing a Debt

Debt validation is your right to get basic proof of what a collector says you owe before you pay. It is often the most useful first step.

What the validation notice must include

Within five days of first contacting you, a collector must send (or deliver electronically) a validation notice. In general it should show:

• The collector’s name and the name of the creditor and account
• An itemized breakdown of the debt: the balance as of a reference date, plus interest, fees, payments and credits since then
• The current amount owed
• A date by which you can dispute the debt
• How to dispute, and how to ask for the original creditor’s name if it differs from the current one
• A reference to the CFPB website for more information about your rights

Disputing within the validation period

The validation period generally lasts 30 days after you receive the notice. If you dispute the debt in writing by the date on the notice, the collector must stop collection until it verifies the debt and sends you the verification. You can also ask in writing for the original creditor’s name.

1. Read the notice and compare it with your own records.
2. Send your dispute in writing, by a method that gives you proof of delivery, before the deadline.
3. Keep copies of everything, plus a log of calls with dates and times.
4. Do not give out bank account numbers or agree to payments until you are sure the debt is yours and the amount is right.

Our guide on how to send a debt validation letter includes a template. You can still ask questions after the 30 days, but the strongest protections attach to disputes made within the period.

Be careful with settlements and taxes

If you later settle for less than you owe, the forgiven amount may be taxable income. Read how Form 1099-C and the insolvency exclusion work, and ask a tax professional about your situation.

Not sure whether to dispute, negotiate or get help? You can get a free, no-obligation look at your options at any point.

Call Limits, Harassment and Cease Contact

Call frequency under Regulation F

Regulation F sets a presumption that a collector is harassing you if it:

• Calls you more than seven times within seven consecutive days about a particular debt, or
• Calls you within seven days after having a phone conversation with you about that debt.

These limits apply per debt, so a collector with several accounts of yours may have more room. Calls that do not connect still count in most cases. Exceeding the limits is not automatically a violation, but it is presumed to be one unless the collector can show otherwise.

Work calls and other third parties

A collector must stop calling you at work if it knows or has reason to know your employer does not allow such calls. Collectors also generally cannot discuss your debt with most third parties. See whether debt collectors can call you at work for specifics.

Texts, emails and social media

Collectors may use email and text, but each message must give you a clear, easy way to opt out. They may not post about your debt publicly on social media. A private message that identifies them as a debt collector and offers an opt-out is generally allowed.

Harassment, abuse and false statements

Examples of prohibited behavior include threats of violence, obscene or abusive language, falsely claiming to be a lawyer or government official, misstating the amount owed, and threatening to sue when no suit is intended or allowed. Write down what was said, when, and by whom. Notes and screenshots make complaints much stronger.

Cease contact requests

You can send a written request telling a collector to stop contacting you. After it receives the letter, the collector generally may contact you only to confirm it will stop or to tell you about a specific action, such as a lawsuit. Know the tradeoffs:

• It does not erase the debt.
• It does not prevent the collector from suing you.
• It can cut off useful communication, such as a settlement offer, so consider whether you want that.

You can also limit contact more narrowly, for example by telling a collector which times or channels you prefer.

Statutes of Limitations and Time-Barred Debt

Every state sets a time limit, called a statute of limitations, for suing over a debt. The period varies by state and by type of debt. It often falls somewhere between three and six years, though some are shorter and some longer. The statute of limitations on debt, state by state is covered in its own guide.

What “time-barred” means

A time-barred debt is one where the limit has passed. You may still owe the money morally and in some technical sense, but under Regulation F a collector cannot sue or threaten to sue to collect it. Collectors may still ask you to pay, as long as they do not mislead you about it.

The restart trap

In some states, making a partial payment, or agreeing in writing to pay, can restart the clock and make the debt suable again. Before paying even a small amount on an old debt, find out the status of the statute of limitations in your state and consider speaking with a consumer attorney or nonprofit credit counselor. Our article on zombie debt explains what to do when old accounts resurface.

Do not confuse two different clocks

	Statute of limitations	Credit report time limit
What it limits	How long a creditor or collector can win a lawsuit	How long negative items can appear on your reports
Typical length	Varies by state and debt type, often about 3 to 6 years	Generally up to seven years from the date of first delinquency
Can payments restart it?	Sometimes, depending on state law	No. The reporting period is tied to the original delinquency

You can check what appears on your credit reports for free at AnnualCreditReport.com. For more on how reports and scores respond to collections, see our Credit Repair & Scores guide.

If You Are Sued by a Debt Collector

A lawsuit is serious, but it is not the end of your options. The biggest mistake is ignoring it. If you do not respond by the deadline, the court can enter a default judgment against you, which can open the door to garnishment.

What to do first

1. Check the papers. Look for the court name, case number, the plaintiff, the amount, and your response deadline. Deadlines vary by state and are often around 20 to 30 days, so confirm yours right away.
2. Do not ignore it. Filing a timely written response (often called an answer) keeps your rights alive.
3. Make the plaintiff prove its case. It generally must show that it owns the debt, that the amount is right, and that the suit was filed in time.
4. Get help. Legal aid offices, local bar referral services and consumer attorneys can review your case. Some courts offer self-help centers.

Step-by-step guidance is in what to do if you are sued by a debt collector and how to answer a debt collection lawsuit.

Be wary of anyone who contacts you claiming a suit is coming but cannot name the court or case. Some of these are scams. Verify using your court’s public records.

Garnishment Basics

Garnishment means a court-ordered amount is taken from your wages or bank account to pay a debt. For ordinary consumer debts such as credit cards and medical bills, a collector generally needs a court judgment first. A collector cannot simply decide to garnish you. (Some debts, like federal student loans, taxes and child support, follow different rules.)

Wage garnishment limits

Federal law caps garnishment for ordinary consumer debts at the lesser of:

• 25% of your disposable earnings for the week, or
• The amount by which your weekly disposable earnings exceed 30 times the federal minimum wage.

Some states set lower limits or ban wage garnishment for most consumer debts. Read whether credit card debt can lead to wage garnishment for more detail.

Bank levies and protected income

After a judgment, a creditor may be able to freeze funds in your bank account. Certain money, such as Social Security and some other federal benefits, is generally protected from ordinary creditors. Exemptions and procedures vary by state, and you usually must act within a short window to claim them. If you receive notice of a levy, talk to an attorney or legal aid promptly.

If your income and assets are mostly protected, you may be what is called judgment-proof. Learn what judgment-proof means, and why it does not make a debt disappear.

If a judgment is looming and you are weighing negotiation, a payment plan or other routes, see our Debt Relief guide and our Credit Card Debt guide.

Medical Debt Protections

Medical bills are often confusing, full of errors, and negotiable. Collectors are covered by the same FDCPA and Regulation F rules as for other debts, and you may have additional protections.

• Ask for an itemized bill and check for coding errors, duplicate charges and services you did not receive.
• Check insurance first. Make sure claims were processed and appeals were considered before you pay.
• Ask about financial assistance. Nonprofit hospitals are generally required to have financial assistance policies, and many other providers offer discounts or payment plans.
• Surprise bills. The No Surprises Act limits certain out-of-network charges, including many emergency services, so an unexpected bill may be challengeable.
• Credit reporting. The major credit bureaus have adopted policies that delay or exclude some medical collections, such as paid ones and smaller balances. Federal and state rules on medical debt reporting have been changing, so check current rules at consumerfinance.gov or with a nonprofit counselor.

Our guide to options for reducing or managing hospital bills goes into more detail. Do not pay a medical collector until you have confirmed the bill is accurate, insurance has paid its share, and the debt is actually yours.

How to File a Complaint

If a collector breaks the rules, you have several options. You can use more than one at the same time.

CFPB

You can submit a complaint online at consumerfinance.gov/complaint. The CFPB forwards it to the company, which is expected to respond. Include dates, names, amounts and copies of letters or screenshots.

FTC and your state attorney general

The Federal Trade Commission also takes reports about debt collection practices; see its debt collection FAQs. Your state attorney general’s consumer protection office can investigate too, and many states license collectors and have their own collection laws, sometimes stricter than federal law.

Suing for violations

The FDCPA lets you sue a collector in court, generally within one year of the violation. If you win, you may recover actual damages, additional statutory damages (up to $1,000 in an individual case), and attorney’s fees. Because the law can make the collector pay your legal fees, some consumer attorneys offer free consultations, but terms vary. A consultation can tell you whether you have a case.

If you are overwhelmed by collection calls and unsure where to start, you can request a free, no-obligation review of your options. A nonprofit credit counselor can also help you build a plan, and our Budgeting & Saving guide can help you see what you can realistically afford.

FAQ

Can a debt collector call me every day?

Under Regulation F, more than seven calls in seven days about one debt, or a call within seven days of a conversation about it, is presumed to be harassment. Collectors also cannot call before 8 a.m. or after 9 p.m. your time.

Do I have to pay a debt just because a collector contacts me?

No. You have the right to ask for validation and dispute the debt in writing. Confirm the debt is yours, the amount is right, and it is not time-barred before you pay.

Can a collector sue me over an old debt?

Not if the statute of limitations has expired. A collector cannot sue or threaten to sue on a time-barred debt. In some states a partial payment can restart the clock, so check before paying.

Will a cease-contact letter make the debt go away?

No. It limits how and why the collector contacts you, but the debt remains and the collector may still sue if the debt is not time-barred. It may also end settlement discussions.

Can they take my wages without suing me?

For ordinary consumer debts like credit cards and medical bills, a collector generally needs a court judgment before garnishing wages. Exceptions apply for certain debts such as federal student loans, taxes and child support.

Where do I report a collector who broke the rules?

You can file with the CFPB at consumerfinance.gov/complaint, report to the FTC, and contact your state attorney general. You may also talk to a consumer attorney about suing under the FDCPA.