Know your rights when a debt collector calls

When a debt collector calls, your best response is to confront the situation head-on.

Your first instinct may be to hide or ignore the situation and hope it goes away. But that can make things worse.

First, be sure the debt collector and the debt are legitimate

Find out:

▪ Who you’re talking to (get the person’s name)

▪ The name of the debt collection company

▪ The company’s address and phone number

Ask the debt collector for:

▪ The amount owed

▪ The name of the creditor

▪ How you can dispute the debt or verify the debt is yours

If the debt collector doesn’t tell you this information the first time it contacts you, ask for the information in writing. It is a good idea to get this written notice before you agree to pay the debt collector or try to negotiate.

Harassment is illegal

The Fair Debt Collection Practices Act says people collecting debt for someone else can’t harass, oppress, or abuse you or anyone else they contact.

For example, debt collectors can’t:

▪ Make repeated phone calls that are intended to annoy, abuse, or harass you or any person answering the phone.

▪ Use obscene or profane language.

▪ Make threats of violence or harm.

▪ Publish lists of people who refuse to pay their debts (this does not include reporting information to a credit reporting company).

▪ Talk to you without telling you who they are.

Bureau of Consumer Financial Protection Learn more at consumerfinance.gov 1 of 2

Answers Second, identify the debt

and sample letters

If you recognize the debt

More information about your debt collection rights is available at consumerfinance.gov/askcfpb. You can contact the debt collector and try to work

You can also find sample letters at consumerfinance. out a repayment plan that makes sense for you.

gov/blog/debtcollection.

If the debt is several years old

Before making a payment or agreeing to a payment plan for a debt that is old, find out what your state’s

Submit a complaint

statute of limitations is for filing a lawsuit to collect

Have an issue with a financial product or the debt. Legal time limits can apply, and after the

service? We’ll forward your complaint to the limit you might be able to argue that the creditor

company and work to get you a response – or debt collector is barred from starting a lawsuit

generally within 15 days. against you. You may want to consult an attorney or the applicable law in your state.

 Online

consumerfinance.gov/complaint If you don’t think the debt is yours

Write and dispute the debt, and ask for formal written verification, including:

 By phone (180+ languages) M-F, 8 a.m. - 8 p.m. ET (855) 411-2372

▪ The name and address of the original creditor

(855) 729-2372 TTY/TDD (if different than the current creditor)

▪ How much you owe



By mail P.O. Box 2900

▪ Proof the debt is yours

Clinton, IA 52733-2900

If the debt is not yours



By fax (855) 237-2392 Write the debt collector to tell it the debt is not yours and that you do not want to be contacted about it again.

Third, keep your letters

Keep the letters you receive and make copies of the letters you send in case you need to dispute the issue later.

Bureau of Consumer Financial Protection Learn more at consumerfinance.gov 2 of 2

6/2018