Your top debt collection questions answered | Consumer Financial Protection Bureau (2024)

Debt collection is consistently one of the top financial issues people have questions about when they visit our website. We’ve provided short, easy-to-understand answers to some of our most-visited questions about debt collection. For the full answer, you can view the provided link. While every situation is unique, these answers may help you better understand how debt collection works or help you identify steps that you can take to address your own situation.

What should I do when a debt collector contacts me?

There are different ways to respond appropriately to debt collectors.

When contacted, find out:

  • The identity of the debt collector, including name, address, and phone number
  • The amount of the debt
  • What the debt is for and when the debt was incurred
  • The name of the original creditor
  • Information about whether you or someone else may owe the debt

We also have sample lettersthat will help if you’re experiencing common problems that may come up with debt collection.

How can I verify whether or not a debt collector is legitimate?

Ask the caller for their name, company, street address, and telephone number. If your state licenses debt collectors, you can also ask for a professional license number. You can also refuse to discuss any debt until you get a written "validation notice." Do not give personal or financial information to the caller until you have confirmed it is a legitimate debt collector.

Keep an eye out for warning signs that could signal a debt collection scam.

What is the best way to negotiate a settlement with a debt collector?

To get ready to negotiate a settlement or repayment agreement with a debt collector, consider this three-step approach:

  1. Learnabout the debt
  2. Planfor making a realistic repayment or settlement
  3. Negotiatea realistic agreement with the debt collector

Be wary of companies that charge moneyin advance to settle your debts for you. Some debt settlement companies promise more than they deliver.

Learn more about negotiating a repayment agreementthat’s right for your situation.

What should I do if a creditor or debt collector sues me?

If you're sued by a debt collector, respond to the lawsuit. You can respond personally or through an attorney, but you must do so by the date specified in the court papers.

When you respond to, or “answer,” the lawsuit, the debt collectorwill have to prove to the court that the debt is valid and that you owe the debt.

If you ignore a court action, it's likely that a judgment will be entered against you for the amount the creditor or debt collector claims you owe. Often the court also will impose additional fees against you to cover collections costs, interest, and attorney fees.

Learn more about what can happen if you don’t respond to a debt collection lawsuit.

What is a statute of limitations on a debt?

A statute of limitations is the limited period of time creditors or debt collectors have to file a lawsuitto recover a past due debt.

Most statutes of limitations fall in the three- to six-year range, although in some cases they may vary due to:

  • State laws
  • What type of debt you have
  • Whether the state law applicable is named in your credit agreement

Need help with something else?

If you are having an issue with debt collection, you can submit a complaint onlineor by calling (855) 411-CFPB (2372). We’ll work to get you a response from the company.

Your top debt collection questions answered | Consumer Financial Protection Bureau (2024)

FAQs

What is the 7 7 7 rule for debt collection? ›

Here's a snapshot of the main requirements and contact restrictions of Regulation F: The 7-in-7 rule: Reg F stipulates that there may be no more than seven (7) calls made by a debt collector to a consumer in a span of seven (7) days. 7-in-7 rule explained in more detail here.

What not to say to a debt collector? ›

Protecting the Rights of Consumers For Over 25 Years
  • Don't Admit the Debt.
  • Don't provide bank account information or other personal information.
  • Document any agreements you reach with the debt collector.
May 29, 2024

What is the 11 word phrase to stop debt collectors? ›

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. 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 is the new debt collection rule? ›

On November 30, 2021, the Debt Collection Rule became effective. The rule clarifies how debt collectors can communicate with you, including what information they're required to provide you.

What is the 80 20 rule in debt collection? ›

The rule is often used to point out that 80% of a company's revenue is generated by 20% of its customers. Viewed in this way, it might be advantageous for a company to focus on the 20% of clients that are responsible for 80% of revenues and market specifically to them.

Will a debt collector sue me for $500? ›

Can debt collectors sue you? Typically, debt collectors will only pursue legal action when the amount owed is in excess of $5,000, but they can sue for less. “If they do sue, you need to show up at court,” says Lewis-Parks.

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

Debt collectors are limited on when they can call you — typically, between 8 a.m. and 9 p.m. They are not allowed to call you at work. They can't lie or harass you. Debt collectors can't make you pay more than you owe or threaten you with arrest, jail time, property liens or wage garnishment if you don't pay.

How do you scare debt collectors? ›

9 Ways to Turn the Tables on Debt Collectors
  1. Don't Wait for Them to Call. Consider picking up the phone and calling the debt collector yourself. ...
  2. Check Them Out. ...
  3. Dump it Back in Their Lap. ...
  4. Stick to Business. ...
  5. Show Them the Money. ...
  6. Ask to Speak to a Supervisor. ...
  7. Call Their Bluff. ...
  8. Tell Them to Take a Hike.
Mar 26, 2013

What are things debt collectors Cannot 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.

How to outsmart a debt collector? ›

6 Ways to Deal With Debt Collectors
  1. Check Your Credit Report. ...
  2. Make Sure the Debt Is Valid. ...
  3. Know the Statute of Limitations. ...
  4. Consider Negotiating. ...
  5. Try to Make the Payments You Owe. ...
  6. Send a Cease and Desist Letter.
Sep 3, 2022

What is the loophole of debt collection? ›

The legal loophole is the debtor has no right in law to know or enquire who ownes the debt which then makes the contractural relationship no longer transparent.

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

Once you notify the debt collector in writing that you dispute the debt, as long as it is within 30 days of receiving a validation notice, the debt collector must stop trying to collect the debt until they've provided you with verification in response to your dispute.

What is the 777 rule with debt collectors? ›

One of the most rigorous rules in their favor is the 7-in-7 rule. This rule states that a creditor must not contact the person who owes them money more than seven times within a 7-day period. Also, they must not contact the individual within seven days after engaging in a phone conversation about a particular debt.

What is regulation F in collections? ›

Regulation F prohibits a debt collector from suing or threatening to sue to collect a time-barred debt.

Can you dispute a debt if it was sold to a collection agency? ›

Can you dispute a debt if it was sold to a collection agency? Your rights are the same as if you were dealing with the original creditor. If you do not believe you should pay the debt, for example, if a debt is stature barred or prescribed, then you can dispute the debt.

How many times can a collector call in a day? ›

According to the Federal Trade Commission, a debt collector may almost certainly call you more than once, but six calls per day is probably too many. Between these extremes, it depends on the facts of your particular case. Can a debt collector call me at work?

What is the federal law on debt collection? ›

A debt collector may not communicate with a consumer at any unusual time (generally before 8:00 a.m. or after 9:00 p.m. in the consumer's time zone) or at any place that is inconvenient to the consumer, unless the consumer or a court of competent jurisdiction has given permission for such contacts.

What is the 20 10 rule tell you about debt? ›

The 20/10 rule follows the logic that no more than 20% of your annual net income should be spent on consumer debt and no more than 10% of your monthly net income should be used to pay debt repayments.

What is the proper order to eliminate debt? ›

Consider the snowball method of paying off debt.

This involves starting with your smallest balance first, paying that off and then rolling that same payment towards the next smallest balance as you work your way up to the largest balance. This method can help you build momentum as each balance is paid off.

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