What To Do When A Debt Collector Calls

“It’s a natural emotional reaction to get scared, almost like you’re getting pulled over,” Leslie Tayne, founder and debt relief attorney at Tayne Law Group, P.C., told The Balance. However, “the first step is not to panic.” Learn how to take control of the conversation and steer it toward the best outcome for your finances.

Know Your Rights as a Debtor

As someone with debt, you have a significant amount of protection from federal laws such as the Fair Debt Collection Practices Act (FDCPA), which regulates debt collection activities. The Federal Trade Commission (FTC) fields debt collection complaints from consumers regarding deceptive, unfair, or abusive debt collection practices. It offered nearly $5 million in refunds to victims of unfair debt collection last year and banned 17 debt collectors from the business after serious and repeated violations of the law. As a debtor, your rights include the right to hire an attorney, the right not to be sued after a period of time, the right to ask debt collectors to stop calling, and the right to file a complaint against them.

Hire an Attorney

When you are facing debt collection, you can contact an attorney to help you navigate the process of settling the debt with the collectors. “Collection matters are legal matters,” Tayne said. “If it’s uncomfortable, definitely reach out to a lawyer.” Once you hire an attorney, the debt collector must contact the attorney, not you. If you don’t handle debt collectors correctly, you risk giving up some of your rights. However, if you’re confident and you aren’t facing a large or complicated debt, you may want to handle repayment or negotiation on your own to resolve the issue.

You Can’t Be Sued for a Debt After a Certain Period of Time

The last resort for a lot of debt collectors is suing you, which can have significant negative consequences for your credit. However, after a certain period of time known as the “statute of limitations,” debt collectors lose the right to sue you. The statute of limitations for collecting debt is usually around three to six years, but it varies depending on state law and the type of debt. After that, the debt becomes “time-barred,” and debt collectors can’t sue you for it anymore.

Ask Debt Collectors To Stop Calling

You’re generally in control of when and where debt collectors contact you. If you don’t want them to call you, or you want your attorney to handle things for you, you can ask. Keep in mind this doesn’t stop collection efforts, and debt collectors will still be allowed to reach out to you for certain things like notifying you that they’re suing you for the debt.

File a Complaint

If you think a debt collector is stepping outside their bounds, you can report them. Here are some agencies that accept complaints about debt collectors:

Federal Trade Commission (FTC) State Attorney General’s Office Consumer Financial Protection Bureau (CFPB)

What Can a Debt Collector Do?

Debt collectors may have regulations to abide by, but they have rights as well. By law, they can contact you within limits, provide you with information, and try to collect time-barred debts.

Debt Collectors Can Contact You, Within Limits

Debt collectors are allowed to reach out to you by phone, mail, text message, email, social media, and even in person. They can also contact people you might know in order to find you, although they’re not allowed to tell them the purpose is for collecting a debt. Even so, there are plenty of limits on how debt collectors can contact you. Debt collectors cannot:

Lie to youThreaten, harass, or swear at youCall you before 8 a.m. or after 9 p.m.Call you more than seven times in a seven-day periodTalk to anyone besides you, your spouse, and your lawyer about your debtSend you letters that make it easy for people to know it’s from a debt collector

However, aside from these restrictions, debt collectors may contact you. The rule that prohibits them from contacting more than seven times within seven consecutive days also only applies to phone calls. It doesn’t apply to other forms of communication such as emails or texts.

Debt Collectors Can Provide You With Information

Debt collectors can provide you with information about the debt and about any actions they are taking. In fact, if you request the information, debt collection agencies must provide you with “validation” information proving that you owe the debt. This includes:

How much you oweYour original creditor (i.e., the business that passed the debt off to the collection agency)A notice of your rights under the Fair Debt Collection Practices Act

By law, they either have to tell you this over the phone or send you a letter within five days of reaching out to you.

Debt Collectors Can Try To Get You To Pay Time-Barred Debts

If the statute of limitations has passed on a debt that you owe, debt collectors aren’t allowed to sue you for it; however, they can keep trying to collect what you owe in some states. “Don’t promise any payments, especially if you’re not sure about it, even if they say ‘give us $5 or $10,’ " Tayne said. “From a legal perspective, you can be interfering with your legal rights by actually making a payment.” In some states, even acknowledging that the debt is yours can be enough to restart the clock on the statute of limitations.