Debt Collection
Federal law gives you real protection from third-party debt collectors. They cannot harass you, cannot call at unreasonable hours, cannot lie about what you owe or threaten what they cannot legally do, and must give you written validation of the debt. The single most expensive mistake people make is making a small payment on an old debt — which in many states restarts the clock on a debt that had become unenforceable. Call 1-844-690-0555 free, any hour — and a one-hour consultation with a licensed US attorney ($195, a fixed fee) can be booked right on the call.
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You have 30 days from a collector's first written notice to dispute the debt in writing and demand validation — do that, and collection must pause until they provide it. Separately: never acknowledge or pay anything on a very old debt before checking your state's statute of limitations, because payment can restart it.
Debt Collection at a glance
What collectors cannot do
The Fair Debt Collection Practices Act applies to third-party collectors and debt buyers. They may not use threats, obscene language or repeated calls to annoy; may not falsely claim to be attorneys or government officials; may not threaten arrest, wage garnishment or lawsuits they cannot or do not intend to pursue; may not discuss your debt with family, friends or colleagues; and must stop contacting you at work once you tell them your employer prohibits it. Violations carry statutory damages plus attorney's fees, which means a lawyer will often take an FDCPA case with no cost to you — so keep records of every call. Talk it through with a lawyer now →Old debt, and the restart trap
Every state sets a statute of limitations on suing for a debt, commonly somewhere between three and six years, running from the last activity. After it expires the debt still exists but cannot be enforced in court — and debt buyers purchase these portfolios cheaply precisely because a single payment or a written acknowledgement can restart the clock in many states and make the whole balance suable again. That is why a friendly call offering a small settlement on a very old account is not kindness. Check the date of last activity before you say anything, and never acknowledge an old debt in writing without advice. Talk it through with a lawyer now →If you are actually sued
Do not ignore it. The overwhelming majority of debt collection lawsuits end in default judgment because the defendant never responds — and a default judgment leads to garnishment and bank levies. File an answer within the deadline on the papers, and make the plaintiff prove its case: debt buyers frequently cannot produce the original agreement, a complete chain of assignment, or an accurate account history. Raise the statute of limitations if the debt is old, because it is an affirmative defense that is waived if you do not plead it. Talk it through with a lawyer now →If a debt collector contacts you, step by step
Debt Collection — your questions answered
Can a debt collector call me at work or call my family?
They may not discuss your debt with family, friends, neighbors or colleagues — contact with third parties is limited to locating you, and even then they cannot reveal that you owe money. They must stop calling you at work once you tell them your employer does not permit such calls, and telling them in writing is best. Repeated calls intended to annoy or harass are prohibited outright.
Should I pay an old debt to settle it?
Check the age first. In many states a payment or a written acknowledgement restarts the statute of limitations, converting a debt nobody could sue you on into one they can. That is exactly why buyers of very old debt offer generous-sounding settlements on tiny first payments. Find the date of last activity, check your state's period, and get advice before making any payment on something several years old.
How do I make them stop contacting me?
Send a written request to cease communication, keep proof of sending, and they must stop except to tell you they are ending collection or that they are taking a specific action such as filing suit. Be aware this stops the calls but not the debt, and it may make a lawsuit more likely rather than less — so it is best used alongside a validation dispute and an understanding of whether the debt is even enforceable.
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