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Debt Collection Laws and Your Rights


Listed below is a synopsis of the Fair Debt Collection Practices Act. These laws actually protect you from unfair collection practices.

Please Note: The information contained in this web site is provided as a service to our visitors -- the Internet community, and does not constitute legal advice. We try to provide quality information, but we make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this web site. Legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent counsel.

Who is a debt collector, and what is covered under the Fair Debt Collection Practices Act?

A debt collector is any person, other than the creditor, who regularly collects debts owed to others. Under a 1986 amendment to the Fait Debt Collection Practices Act, this includes attorneys who collect debts on a regular basis. Debt that is covered under this act is: Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, medical care and charge accounts.

How may a debt collector contact you?

A collector may contact you in person, by mail, telephone, telegram or fax. However, a debt collector may not contact you at unreasonable times or places, such as before 8 a.m. or after 9 p.m., unless you agree. Also, a debt collector may not contact you at work if you inform the collector that your employer disapproves.

Can you stop a debt collector from contacting you?

You can stop a debt collector from contacting you by writing a letter to the collection agency asking them to stop. Once the agency receives the letter, they may not contact you again except to say there will be no further contact. The agency may notify you if the debt collector, or the creditor intends to take some specific action.

May a debt collector contact anyone else about your debt?

If you have an attorney, the debt collector may not contact anyone other than your attorney. If you do not have an attorney, a collector may contact other people, only to inquire about where you live and work. Collectors are prohibited from contacting such permissible third parties more than once. Also, the collector can not tell anyone other than you, and your attorney that you owe money.

What must the debt collector tell you about the debt?

Within five days after you are are first contacted, the collector must send you written notice telling you the amount of money owed; the name of the creditor to whom you owe the money; and what action you need to take if you believe money is not owed.

Can a debt collector continue to contact you if you do not owe the money?


A collector may not contact you if within 30 days after your first contacted you send the collection agency a letter stating you are not liable for the amount owed. However, a collector can renew collection activities if you are sent proof of the debt.

What debt collection practices are prohibited?
 Collectors can not harass, oppress or abuse anyone. For example, collectors can not:

  • Use threats of violence or harm against the person, property or reputation;
  • Use obscene or profane language;
  • Repeatedly use the telephone to annoy someone;
  • Telephone you without identifying themselves;
  • Publicly publish a list of consumers who refuse to pay their debts;
  • Advertise your debt.

Debt collectors can not use false statements when collecting a debt. For example, debt collectors can not:

  • Falsely imply they are attorneys or government representatives;
  • Falsely imply you have committed a crime;
  • Falsely misrepresent themselves stating they work for a credit bureau;
  • Misrepresent the amount of your debt;
  • Misrepresent the involvement of an attorney in collecting a debt;
  • Indicate that papers being sent to you are legal forms when they are not;
  • Give false credit information about you to anyone;

Debt collectors can not state that:

  • You will be arrested if you do not pay your debt;
  • They will seize, garnish, attach or sell your property or wages unless the collection agency or creditor intends to do so, and it is legal to do so;
  • Actions, such as a lawsuit, will be taken against you, which legally may not be taken, or which they do not intend to take.

Debt collectors can not engage in unfair practices when attempting to collect a debt. For example, debt collectors can not:

  • Collect an amount greater than your debt, unless allowed by law;
  • Deposit a post-dated check prematurely;
  • Make you accept collect calls or pay for telegrams;
  • Take or threaten to take your property unless this can be done legally;
  • Contact you by postcard.
Paying your debt
 If you owe more than one debt, any payment you make must be applied to the debt you indicate and no other debt.

What can you do if you believe a collector violated the law?
 Contact your state Attorney General's office and the Federal Trade Commission. The information you provide could indicate a pattern of possible law violations requiring action by the Commission. Many states have their own debt collection laws, and your state Attorney General's office can help you determine your rights.

If you have questions about the Fair Debt Collection Practices Act, visit the FTC at: http://www.ftc.gov

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