How to respond when a debt collector contacts you in three easy steps | Consumer Financial Protection Bureau (2024)

How to respond when a debt collector contacts you in three easy steps | Consumer Financial Protection Bureau (1)

Receiving a call from a debt collector can be stressful. Your first instinct may be to hide or ignore the situation and hope it goes away. But that can make things worse. We have resources to help you respond to debt collectors.

1. First, know your rights

There are laws that restrict what debt collection can say or do. The Fair Debt Collection Practices Act (FDCPA) prohibits debt collection companies from using abusive, unfair, or deceptive practices to collect debts from you. Under this law, a debt collector cannot:

  • Call repeatedly to harass you
  • Abuse or mistreat you
  • Contact you at a time or place they know or should know is inconvenient, including before 8 a.m. or after 9 p.m. unless they know otherwise
  • Use obscene language
  • Make a false or misleading statement about what you owe
  • Publish your name for not paying the debt
  • Lie to you
  • Threaten to have you arrested for not paying the debt

You should know that even if a debt collector violates the law, the debt does not go away. You do have the right to sue, and if you win, the judge can require the debt collector to pay you damages. The court can also order the debt collector to pay your attorney fees if it is determined that they did violate the law.

2. Make sure the debt is yours

When a debt collector calls, ask questions to find out if the debt and the debt collector are legit. You should find out:

Ask CFPB

What information does a debt collector have to give me about the debt?

A debt collector must tell you the name of the creditor, the amount owed, and ensure you can dispute the debt or find out if it is legit.

  • Who you’re talking to (get the person’s name)
  • The name of the debt collection company they work for
  • The company’s address and phone number
  • The name of the original creditor
  • The amount owed
  • How you can dispute the debt or ensure that the debt is yours

Take notes and document everything. We have sample letters and other resources that can help you request additional information from a debt collector.

3. Act quickly

Depending on your situation, there may be several different actions that you can take when you are contacted about a debt.

If the debt is several years old, be sure to find out what your state’s statute of limitations is for a debt collector filing a lawsuit to collect the debt from you before making a payment. You may want to consult an attorney or the applicable law in your state.

If you’re not sure that the debt is yours, write the debt collector and dispute the debt or ask for more information.

If you find out that the debt does not belong to you, don’t delay! Write the debt collector and tell them that the debt is not yours and that you do not want to be contacted about the debt again in the future

If the debt is yours, don’t worry. Decide on the total amount you are willing to pay to settle the entire debt and negotiate with the debt collector for the rest to be forgiven. This could be a lump sum or a payment plan. Be honest with yourself about how much you can pay each month.

Remember, responding to a debt collector doesn’t have to be scary. We have resources that can help.

How to respond when a debt collector contacts you in three easy steps | Consumer Financial Protection Bureau (2024)

FAQs

How to respond when a debt collector contacts you in three easy steps | Consumer Financial Protection Bureau? ›

Act quickly

How should I respond to a debt collector? ›

What to Do When a Debt Collector Calls
  1. Decide If You Want to Talk to the Collector. ...
  2. If You Decide to Talk to the Collector, Keep a Record. ...
  3. Write to the Collector to Request it Stop Contacting You (If That's What You Want) ...
  4. Tell the Collector If You Think You Don't Owe the Debt.

How do you outsmart a debt collector? ›

You can outsmart debt collectors by following these tips:
  1. Keep a record of all communication with debt collectors.
  2. Send a Debt Validation Letter and force them to verify your debt.
  3. Write a cease and desist letter.
  4. Explain the debt is not legitimate.
  5. Review your credit reports.
  6. Explain that you cannot afford to pay.
Mar 11, 2024

What should you not say to a collection agency? ›

If you get an unexpected call from a debt collector, here are several things you should never tell them:
  • Don't Admit the Debt. Even if you think you recognize the debt, don't say anything. ...
  • Don't provide bank account information or other personal information. ...
  • Document any agreements you reach with the debt collector.
Nov 23, 2021

How do you tell a debt collector to stop contacting you? ›

Send a Cease-and-Desist Letter

If you want a debt collector to stop contacting you, the FDCPA gives you the right to make that happen. Putting your request in writing, via a cease-and-desist letter, is an easy and effective option to stop the communication.

What is the best thing to say when dispute a collection? ›

I am writing this letter to bring to your notice the following information added to my credit report. The [dispute item] along with the [creditor's name] are falsely added to my credit report without my prior knowledge. The mentioned details are incorrect and I request you to revise the report after due diligence.

How do you defend against a debt collector? ›

Defenses you can use in a debt lawsuit
  1. Defense: Running the statute of limitations. The plaintiff must file a lawsuit within a set amount of time. ...
  2. Breach of contract by Plaintiff. ...
  3. No breach by Defendant. ...
  4. Discharge by bankruptcy. ...
  5. Statute of frauds. ...
  6. Satisfaction. ...
  7. Cancelation of contract. ...
  8. Lack of Consideration.

What's the worst a debt collector can do? ›

Even if you owe money, debt collectors aren't allowed to threaten, harass, or publicly shame you. You have the right to order a debt collector to stop contacting you, and they must comply. If there's a mistake, and you really don't owe the debt, you can take steps to remedy the error.

How do I scare off debt collectors? ›

Tell Them to Take a Hike

Under federal law you have the right to ask a debt collector to stop contacting you. It's best to put this request in writing, either by mail or by fax. “They can still sue if they want,” warns Howard.

What is the 11 word credit loophole? ›

As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

What are the 5 things debt collectors are forbidden to do? ›

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

Why should you never pay a collection agency? ›

A collection account can significantly damage your credit score, but the impact lessens over time. Paying off a collection might not immediately improve your credit score, but some newer credit scoring models give less weight to paid collections.

What debt collectors don't want you to know? ›

Debt collectors don't want you to know that you can make them stop calling, they can't do most of what they tell you, payment deadlines are phony, threats are inflated, and they can't find out how much you have in the bank. Furthermore, if you're out of state, they may have no legal recourse to collect.

How to block debt collectors? ›

If you ask a debt collector to stop all contact – regardless of the communications channel – the collector must stop. Keep in mind, though, that you may still owe the debt. If you don't want a debt collector to contact you again, write a letter to the debt collector saying so.

How to respond to a debt collector? ›

If you're not sure that the debt is yours, write the debt collector and dispute the debt or ask for more information. If the debt is yours, don't worry. Decide on the total amount you are willing to pay to settle the entire debt and negotiate with the debt collector for the rest to be forgiven.

How do I get rid of debt collectors without paying? ›

What to do if you can't pay your debt collector. If your debt is sold to a debt collector, but you are ultimately unable to pay, your best course of action is to contact a nonprofit credit counseling agency or seek legal aid, as the collections process can be lengthy, complex and expensive.

How to write a response letter to a debt collector? ›

Dear debt collector, I am responding to your contact about collecting a debt. You contacted me by [phone/mail], on [date] and identified the debt as [any information they gave you about the debt]. I do not have any responsibility for the debt you're trying to collect.

What should you say to a collection agency? ›

Tell the debt collector that you'll call them back as soon as you verify the information. Review your bills and bank statements to confirm if the debt is yours. This may also help you confirm if the amount you owe is correct. You can ask the collection agency to contact you only in writing.

What happens if you never answer a debt collector? ›

If you receive a notice from a debt collector, it's important to respond as soon as possible—even if you do not owe the debt—because otherwise the collector may continue trying to collect the debt, report negative information to credit reporting companies, and even sue you.

What do you say to a debt collector to settle for less? ›

Find a number you're comfortable with and say, “this is what I can afford to give you,” period. They can take or leave it, it's your choice and not theirs.” Oftentimes, debt collectors will agree to accept as payment-in-full a lump-sum amount that is only a fraction of the total debt.

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