What to Do When a Debt Collector Calls: Know Your Rights

A person on the phone discussing the bills in their hand with a computer in from them.

What to Do If a Debt Collector Calls You

Stay Calm When a Debt Collector Contacts You

Getting a call from a debt collector can feel overwhelming, but don’t panic. It’s important to stay calm, listen carefully, and gather all the information before you take any action. Your first step is to make sure the call is legitimate and to understand your rights under federal law.

Know What to Say to Debt Collectors

When you speak to a debt collector, keep your responses short and factual. You do not need to admit to owing the debt, make a payment, or agree to anything during the first conversation. Instead, ask for the following:

  • The name of the original creditor
  • The amount they say you owe
  • The mailing address of the collection agency
  • A written notice of the debt

Never give out personal or financial information like your Social Security number, bank account details, or credit card numbers. Scammers often pose as collectors to get this information.

Understand the Debt Collection Practices Act

The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive or deceptive tactics. Under this law, debt collectors cannot:

  • Use obscene language
  • Call before 8 a.m. or after 9 p.m.
  • Call you repeatedly to harass you
  • Contact your employer or family members without permission
  • Threaten legal action they cannot take

You have the right to request that a debt collector stop contacting you. If you choose to do this, send a letter by registered mail and keep a copy for your records.

Get a Debt Validation Notice

By law, collectors must send you a validation notice within five days of first contacting you. This letter must include:

  • The amount of the debt
  • The name of the creditor
  • A statement that you can dispute the debt

If you don’t receive this notice, that’s a red flag. Do not pay anything until you get this letter and verify its contents.

To learn more about these letters, visit Credit.org’s article on what are debt validation letters.

Request a Dispute Letter If You Don’t Owe the Debt

If you believe the debt is not yours, or you’ve already paid it, you can send a dispute letter. You must do this within 30 days of receiving the validation. Your letter should include:

  • Your name and address
  • A clear statement that you dispute the debt
  • Any proof you have that the debt is incorrect

Once you send the letter, the collector must stop trying to collect until they’ve provided verification.

Know the Rules for Debt Collection Calls

Debt collection calls must follow strict rules. A collector can only call you at reasonable hours and must identify themselves as a debt collector. They can’t:

  • Call your job if you’ve told them not to
  • Leave misleading messages
  • Pretend to be someone else

If a debt collector calls you in a way that violates these rules, you may have a case against them under federal or state laws.

You can read more about this in Credit.org’s guide to protecting yourself from debt-shaming collection tactics.

Understand Debt Collection Laws in Your State

In addition to federal protections, your state may have its own debt collection laws. These laws could offer stronger consumer rights, such as:

  • Shorter limitations periods for old debts
  • Stricter rules on contacting third parties
  • More detailed requirements for debt validation

You can find a state-by-state summary of laws from trusted legal resources like Justia.

Don’t Ignore Collection Calls

While it’s tempting to avoid answering, ignoring a debt collector won’t make the problem go away. If you do not respond, the collector may:

  • Report the debt to credit reporting agencies
  • File a lawsuit
  • Continue calling or sending letters

Instead, respond calmly and ask for everything in writing. This gives you time to review the situation and prepare your next steps.

Be Wary of Obsolete or Time-Barred Debt

Some debts are so old they’re considered time-barred, meaning the collector can’t sue you to collect. However, if you make a payment or admit the debt is yours, you might restart the statute of limitations.

Always ask:

  • When was the date of the last payment?
  • What is the limitations period in your state?

If you’re unsure, talk to a nonprofit credit counselor before taking any action. Read our Complete Guide to the Statute of Limitations on Debt to learn more.

Debt collector calling client to collect debts and the client is pulling their head trying to figure out what to do to not fall into debt collector deceptive practices.

Review Your Credit Reporting Information

After hearing from a debt collector, it’s a good idea to check your credit reports. You want to see if the debt has been reported and whether the details are accurate. You’re entitled to a free report every 12 months from each of the three major credit reporting agencies at AnnualCreditReport.com.

Look for:

  • Incorrect balances
  • Duplicate listings
  • Debts you don’t recognize
  • Accounts reported in collections that were already paid

If you spot errors, you can file a dispute directly with the credit reporting agency and include supporting documents. Learn more about how to do this in Credit.org’s article on dealing with collection letters sent to you by mistake.

Collection Agencies Must Follow the Rules

Debt collection agencies are not allowed to make threats or use pressure tactics. They must follow both federal and state laws when trying to collect debts. If they break the rules, you can report them to the Consumer Financial Protection Bureau or your state attorney general.

Common violations include:

  • Repeated calls even after you ask them to stop
  • Threats of arrest or jail
  • Discussing your debt with others
  • Failing to send a validation notice

If you experience any of these, document everything. Keep copies of letters, take screenshots of messages, and write down the date and time of each call.

Understand How Collection Calls Affect Your Credit

Once an account is sent to collections, it may appear on your credit report. This can lower your credit score and make it harder to qualify for loans or low interest rates. Accounts in collections can stay on your report for up to seven years from the date of the original delinquency.

However, if the debt is paid or settled, it may still be updated as “paid collection,” which could help reduce the damage over time. Some newer credit scoring models give less weight to paid collections, especially for medical bills.

Should You Pay the Debt?

Before paying anything, confirm the details. Ask the collector for:

  • A breakdown of the total amount owed
  • Any interest or fees added
  • The original date of the debt
  • The name and address of the original creditor

Once verified, you can decide whether to:

  • Pay in full
  • Negotiate a settlement
  • Set up a payment plan

If you decide to pay, request a written agreement that outlines the terms, including any promises to update your credit report. Never send money without getting this agreement in writing.

You can also explore the pros and cons of paying credit card debt to make a more informed decision.

Avoid Giving Access to Your Bank Account

Debt collectors may ask for your bank account information to set up a payment. Be cautious. Giving them direct access puts you at risk of unauthorized withdrawals.

A safer option is to:

  • Pay by money order
  • Use a separate account with limited funds
  • Ask to mail in a check

Always keep records of every payment, including return receipts or confirmations.

Use Certified Mail for Written Letters

When communicating with debt collectors, it’s smart to send letters by registered mail with a return receipt. This proves that the collector received your request. You might use this method for:

  • Dispute letters
  • Requests to stop contacting you
  • Payment agreements

Keep a copy of each letter for your records. Having proof is essential in case the collector takes legal action or violates your rights.

Watch Out for Deceptive Practices

Some collectors may mislead you by claiming you owe more than you do, threatening lawsuits, or pretending to be law enforcement. These practices are illegal. If you suspect this is happening, don’t ignore it; report the activity and consider speaking to a legal expert or nonprofit counselor.

For a deeper look into federal protections, see Credit.org’s article on the state of the Fair Debt Collection Practices Act.

What If They Contact Other People?

Collectors can only contact other people—like family, friends, or coworkers—to get your contact information. They cannot tell anyone about your debt or try to collect from them. If this happens, it’s a violation of your privacy rights.

You can send a written letter requesting they stop contacting third parties. Again, use certified mail and keep a copy.

When the Debt Is the Wrong Amount

Mistakes happen. Sometimes collectors pursue the wrong person, the wrong amount, or debts that were already settled. If the amount seems off, request:

  • A full account history
  • The original payment records
  • Any interest or fees added

You have the right to challenge incorrect amounts and demand validation before making any payments.

Keep Detailed Records of Every Contact

When dealing with a debt collector, it’s essential to document everything. Good recordkeeping helps you stay organized and protects you if the situation escalates.

Write down:

  • The date and time of each call
  • The name of the person you spoke with
  • What was said during the conversation
  • Any promises made

Save voicemails, text messages, emails, and all written correspondence. If the collector breaks the law or misleads you, your records can serve as important evidence.

You Can Ask a Debt Collector to Stop Contacting You

If you no longer want to receive calls or letters from a debt collector, you have the right to request that they stop contacting you. This is known as a “cease communication” letter. Once they receive your written request, they can only contact you to confirm they won’t reach out again or to notify you of a lawsuit.

To send this letter:

  • Write clearly that you don’t want any further contact
  • Include your name and mailing address
  • Send it via certified mail and keep a copy

While this stops the calls, it doesn’t erase the debt. The collector may still pursue other actions, like a lawsuit, so be prepared and continue monitoring your credit.

Beware of Harassment or Threats

Harassment is not allowed. If a debt collector uses threatening language, yells at you, or keeps calling after you’ve asked them to stop, they are breaking the law. You do not have to tolerate this behavior.

Examples of illegal harassment include:

  • Repeated calls throughout the day
  • Threats of arrest or violence
  • Use of abusive or profane language

You can report this behavior to the Federal Trade Commission or the Consumer Financial Protection Bureau. Your state attorney general may also take action against abusive collectors.

What If You Already Paid the Debt?

If you’ve already paid the debt, keep proof of that payment. This could include a bank statement, canceled check, or receipt. If a collector still contacts you about it, send them a letter stating that the debt has been paid and include copies of your proof.

You can also send a copy to the credit reporting agency if the account appears incorrectly on your report. They are required to investigate and correct any errors.

Can a Debt Collector Take Money from Your Bank Account?

A debt collector cannot access your bank account unless:

  • You give them permission
  • They have a court order (judgment) against you

If you’ve never agreed to automatic payments, and they haven’t sued you, they cannot legally withdraw funds. If they do, contact your bank right away and file a complaint.

To protect your bank account, avoid sharing your routing and account numbers, especially over the phone. If you must make a payment, consider using a one-time method like a money order.

Understand the Role of Credit Card Debt in Collections

Debt from credit cards is one of the most common types sent to collections. If you fall behind on payments, the credit card company may sell your debt to a third-party agency. That agency then contacts you to collect the money.

Even small unpaid balances can lead to collection activity, especially if interest and fees pile up. To avoid this:

  • Stay current on your minimum payments
  • Monitor your accounts for errors or fraud
  • Contact your creditor if you’re struggling to keep up

Early action is the best way to keep credit cards from spiraling into a more serious issue.

Learn More About Your Rights

There are many resources available to help you understand your rights and options. Start with:

  • The Fair Debt Collection Practices Act (FTC)
  • Consumer.gov’s guide to debt collection
  • Your state attorney general’s website

These sites provide tools and information that can help you respond wisely and confidently to debt collector calls.

Dealing With Rare But Important Debt Scenarios

In some situations, you may receive a private message or call from third party debt collectors asking for location information or trying to contact other people about your debt. These practices are limited under federal law and may violate your legal rights. If a debt collector sues you, be sure to respond to any court papers and never ignore the notice. Ask for validation information to check for false information or misreported balances. You can also request a sample letter or written agreement to clarify the terms. Whether you're managing debt, negotiating a partial payment, or disputing collect interest fees, protect your financial future by keeping records and understanding your rights under the Fair Debt Collection Practices Act.

Take Action with Free Help from Credit.org

If you're feeling overwhelmed by debt, you're not alone and you don't have to face it without support. Credit.org's certified nonprofit counselors are here to help you:

Whether you're struggling with credit card debt, receiving collection calls, or just need advice about your finances, we can help you move forward with confidence. Get started with a free credit counseling session and explore our full range of debt counseling services. If your situation involves homeownership or housing issues, we also offer foreclosure prevention support.

Jeff Michael
Article written by
Jeff Michael is the author of More Than Money, a debtor education guide for pre-bankruptcy debtor education, and Repair Your Credit and Knock Out Your Debt from McGraw-Hill books. He was a contributor to Tips from The Top: Targeted Advice from America’s Top Money Minds. He lives in Overland Park, Kansas.
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