Your rights when a debt collector contacts you
The Fair Debt Collection Practices Act gives you enforceable rights against third-party debt collectors, and the 2021 federal debt collection rules made them stronger.
Ask for validation first. If you dispute the debt in writing within 30 days after you receive the collector’s validation notice (the letter listing the debt and your rights, usually sent with or soon after the first contact), the collector has to stop collecting until it mails you verification, including an itemization of what you supposedly owe and where the number came from.
Then dispute what’s wrong. Debts are often sold in bulk, sometimes with thin records, so wrong amounts, the wrong person and debts already paid do turn up. A written dispute puts the burden of proof on the collector.
When you want the contact to stop, send a written cease-communication letter. After it, a debt collector may contact you only to say it is stopping, or to tell you it may or will take a specific step, such as filing a lawsuit.
Does a cease letter erase the debt?
No. It stops the calls and letters, but a collector can still sue if the debt is valid and not too old. That is why the playbook covers the statute of limitations, and why these letters are written never to admit the debt is yours.
When a collector breaks the rules
An FDCPA violation can entitle you to statutory damages up to $1,000, plus actual damages, costs and attorney fees. Because a collector that loses can be ordered to pay your attorney fees, many consumer attorneys are willing to take these cases. You can also complain to the CFPB and your state attorney general.
Debt Collector Letters provides self-help document templates and general information. It is not legal advice, it is not a debt settlement company, and it is not a substitute for the advice of an attorney. Kits For That is not a law firm. The FDCPA generally covers third-party collectors, not original creditors (though some states extend similar rules to creditors). If you have been sued, court deadlines are short: respond to the lawsuit and consider contacting a consumer attorney or free legal aid right away. Laws change, so check the current rules at consumerfinance.gov.