Dealing with a debt collector

Free tools

• Debt validation letter generator — dispute a collection notice within the 30-day validation period (12 C.F.R. § 1006.34(b)(5)).
• Statute-of-limitations checker — how long a creditor has to sue you in your state, for credit-card and written-contract debt.
• Debt collectors: complaints and public records — what consumers told the CFPB about the biggest collectors, and their enforcement history.

Your first 30 days

A debt collector must send you a validation notice within 5 days of first contacting you (15 U.S.C. § 1692g(a)). From the day you receive it you have 30 days to dispute in writing (12 C.F.R. § 1006.34(b)(5)); if you do, collection of the disputed amount stops until the collector mails you verification (15 U.S.C. § 1692g(b)). The validation letter generator writes that letter.

Is it a “debt collector” under federal law?

The federal rules on this page bind a business that collects debts owed to someone else, or whose main business is collecting debts (15 U.S.C. § 1692a(6)). A debt buyer or collection agency writing to you is usually covered. Your original bank, landlord or hospital billing its own account under its own name generally is not — though it becomes covered if it collects under a different name that suggests a third party is involved, and your state may add rules of its own.

If you want the calls to stop

Tell the collector in writing. After that it may contact you only to say it is ending its efforts or to tell you it intends to use a specific remedy, such as filing a lawsuit (15 U.S.C. § 1692c(c)). Stopping contact does not cancel what you owe and does not stop a lawsuit on a debt that is still within the statute of limitations. Many people send a validation letter first, so the collector has to prove the debt before anything else happens.

If you do nothing

Ignoring the validation notice does not mean you agreed: a court cannot treat a missing dispute as an admission that you owe the debt (15 U.S.C. § 1692g(c)). Ignoring a court summons is different — that is how most default judgments happen. If you are sued, respond by the deadline on the summons and raise the statute of limitations if the debt is old.

Statute of limitations by state

How long a creditor has to sue depends on your state and the kind of debt. Pick your state:

Guides

• What is debt validation?
• How to respond to a debt collector
• What to do when a debt collector contacts you
• What happens if I ignore a debt collector?
• Can a debt collector sue me?
• How long does a debt collector have to collect?
• What is the statute of limitations on debt?
• Can a debt collector add interest and fees?
• Can a debt collector garnish my wages?
• Can a debt collector garnish my bank account?
• Can a debt collector call me at work?
• Can a collector contact my family or employer?
• Should I settle a debt for less than I owe?
• What is a pay-for-delete agreement?
• Charge-off vs. collection account
• What is re-aging a debt?
• What should I do if I get a summons?
• Can I be arrested for not paying a debt?