What a debt collector can and can't do
You have the right to proof of a debt, to dispute it, to tell a debt collector to stop contacting you and to be free of harassment, threats and lies, even if you owe the money. A collector can still call, write, report the debt to the credit bureaus and, until your state's deadline runs out, sue you. For most debts, it can't take money from your paycheck or bank account unless it sues you and wins first.
These rights come from a federal law, the Fair Debt Collection Practices Act (FDCPA), and the Consumer Financial Protection Bureau's (CFPB's) rule under it, Regulation F.
What are your rights under the FDCPA?
Federal law gives you these rights with a debt collector:
- Proof of the debt. In its first contact or within five days after, a collector has to tell you who the creditor is and how it got to the amount it says you owe Source 12 CFR § 1006.34(a). A written dispute within 30 days of getting that notice makes it stop collecting until it sends proof Source 15 U.S.C. § 1692g(b). How a dispute works.
- An end to the contact. Once a collector gets your letter asking it to stop, it can contact you only to say it's stopping or to tell you about a specific step, such as a lawsuit Source 15 U.S.C. § 1692c(c). A sample letter.
- Fair treatment. A collector can't harass or threaten you Source 15 U.S.C. § 1692d. It can't lie about the debt or about what it can do to you Source 15 U.S.C. § 1692e.
- No lawsuit over an old debt. After your state's deadline to sue has passed, a collector can't take you to court over the debt or threaten to Source 12 CFR § 1006.26(b). How long a collector can come after you.
- The right to sue. If a collector breaks these rules, you can sue it within one year Source 15 U.S.C. § 1692k(d). What a court can award, and how to complain.
What can't a debt collector do?
A debt collector can't harass you, lie to you or use unfair tricks to get paid. These are the common violations of federal law, each with the rule it breaks:
| A collector can't | What the rule says |
|---|---|
| Call before 8 a.m. or after 9 p.m. | Those hours are presumed inconvenient, at your local time. Source 12 CFR § 1006.6(b) |
| Call over and over | More than seven calls in seven days about one debt is presumed to be harassment. Source 12 CFR § 1006.14(b) |
| Call you at work when your employer doesn't allow it | Once the collector knows or has reason to know your employer bars it. Source 12 CFR § 1006.6(b)(3) |
| Tell your family, friends or boss about the debt | It may contact them only to find you, and can't say you owe anything. Source 12 CFR § 1006.10 |
| Threaten violence or use abusive language | Threats to harm you, your property or your reputation, and obscene or abusive words, are barred. Source 15 U.S.C. § 1692d(1), (2) |
| Threaten arrest or jail | Saying you'll be arrested for not paying is a false statement the rule bars. Source 12 CFR § 1006.18 |
| Threaten a step it can't take or doesn't plan to take | Such as a lawsuit it won't file, or taking your pay when the law doesn't let it. Source 15 U.S.C. § 1692e(4), (5) |
| Lie about how much you owe | It can't misstate the amount of a debt, what kind of debt it is or its legal status. Source 15 U.S.C. § 1692e(2)(A) |
| Pretend to be a lawyer, the police or a government agency | Any false claim about who it is or what it can do is barred. Source 12 CFR § 1006.18 |
| Sue, or threaten to, over a debt that's too old | Not once your state's deadline to sue has passed. Source 12 CFR § 1006.26(b) |
| Add interest or fees your agreement or the law doesn't allow | It can collect only amounts the agreement or a law permits. Source 15 U.S.C. § 1692f(1) |
| Post about your debt where others can see it | Public social media posts are barred; private messages are allowed. Source 12 CFR § 1006.22(f)(4) |
| Contact you directly once it knows you have a lawyer for the debt | It deals with your lawyer instead, with narrow exceptions. Source 12 CFR § 1006.6(b)(2) |
| Keep collecting while your written dispute is open | A written dispute within 30 days stops collection until it sends proof. Source 12 CFR § 1006.38(d) |
These rules cover collection agencies, companies that buy old debts and lawyers who collect debts as a regular part of their work Source 15 U.S.C. § 1692a(6). They generally don't cover the original lender collecting its own debt in its own name Source 12 CFR § 1006.1, though some state laws do.
Can a debt collector add interest or fees?
Only if your original agreement or a law allows it. The FDCPA bars a collector from collecting any amount, interest and fees included, unless the agreement that created the debt or the law permits it Source 15 U.S.C. § 1692f(1). The FDCPA sets no interest cap of its own, so your contract and your state's law decide what can be added.
The collector also has to show its math. Its first notice to you, the validation notice, lists what you owed on a set date, called the itemization date, and every charge of interest and fees, payment and credit since then Source 12 CFR § 1006.34.
How many times can a debt collector call you?
Federal rules presume a collector is harassing you if it calls about one debt more than seven times in seven days, or calls again within seven days after you talked with it by phone Source 12 CFR § 1006.14(b). The count is per debt, so a collector with three of your debts can call more. It's a presumption: a collector over the line can try to show it wasn't harassing you, and one under it can still break the law.
The limit counts phone calls only. Collectors may also text, email and send private messages on social media. Every text and email has to tell you how to stop that kind of message Source 12 CFR § 1006.6(e), and if you tell a collector not to use a phone number, an email address or another way of reaching you, it has to stop using it Source 12 CFR § 1006.14(h).
The 8 a.m. to 9 p.m. window is only a starting point. A collector can't contact you at a time it knows or should know is inconvenient for you, so once you've told it Sundays or your work hours don't work, those times are off-limits Source 12 CFR § 1006.6(b)(1).
Can debt collectors call your work or your family?
They can call your work unless they know or have reason to know your employer doesn't allow it Source 12 CFR § 1006.6(b)(3). Telling the collector is one way it comes to know.
They can contact your family, friends or neighbors only to find your address, phone number or workplace. When they do, they can't say you owe a debt, and they can usually contact each person only once Source 12 CFR § 1006.10. A spouse counts as you under the rules, so a collector can talk with your spouse about the debt Source 12 CFR § 1006.6(a).
What do people complain to the CFPB about debt collectors?
Most often, that the debt isn't theirs. Of the 283,204 complaints about debt collectors the CFPB received in 2025, 41% said the collector was trying to collect a debt the person didn't owe: not theirs, already paid, from identity theft or wiped out in bankruptcy. Another 23% said the collector's notice didn't say enough to tell what the debt was. Only 3% were about how the collector called or wrote to them, down from 12% in 2018.
Most complaints about debt collectors are about the debt, not the calls
Share of debt collection complaints to the CFPB, by issue, United States, 2018 and 2025. 283,204 complaints in 2025.
More than half of the people who complained, 55%, couldn't say what kind of debt it was. That's the gap the validation notice was written to close: it has to name the creditor and show the amount, so you can tell whether the debt is yours before you pay it or argue about it.
Complaints rarely get anyone money back. Companies closed 73% of 2025's complaints with an explanation and 26% with some other fix, such as correcting a credit report. They paid money in 447 cases out of 283,204.
A complaint is one person's account, not a finding that a collector broke the law, and the people who complain aren't a random sample of everyone collectors contact. In 2025, 25% of these complaints were filed against Equifax, Experian or TransUnion rather than a collection agency. The full numbers, by year and by state, are on our debt collection statistics page.
What if the debt isn't yours?
A written dispute within 30 days makes the collector stop until it proves the debt. The 30 days start when you get the collector's validation notice, which it has to send in its first contact or within five days after Source 12 CFR § 1006.34.
The validation notice has to tell you:
- the name of the creditor on the itemization date, and of the creditor you owe now;
- what you owed on the itemization date, and the interest, fees, payments and credits since;
- the amount the collector says you owe now;
- the date your 30 days end, with a form you can use to dispute Source 12 CFR § 1006.34(c).
If you dispute in writing before that date, the collector has to stop collecting the disputed debt, or the disputed part, until it mails you verification or a copy of a judgment Source 12 CFR § 1006.38(d). You can still dispute after the 30 days, but the collector doesn't have to pause.
A collector also can't put a debt on your credit report before it has told you about it, by phone, in person, or by a letter or electronic message it has given time to come back undelivered Source 12 CFR § 1006.30(a). A collection that shows up on your report before you ever heard from the collector may break that rule.
Sample letter disputing a debt
A dispute sent within 30 days of the validation notice pauses collection until the collector sends verification. A copy and a mailing receipt show when it was sent.
Your name
Your street address
City, State, ZIP
Date
Collector's name
Collector's address
City, State, ZIP
Re: Reference number the number on the collector's notice
To whom it may concern:
I received your notice dated date on the notice about the account above. I dispute this debt. Please send me:
1. The name and address of the original creditor and of the creditor I owe now
2. The amount on the itemization date, and each charge of interest and fees, payment and credit since that date
3. Proof that you are allowed to collect this debt
4. A copy of any judgment
Until you send verification, please stop collecting this debt (15 U.S.C. § 1692g(b); 12 CFR § 1006.38).
This letter is not an admission that I owe this debt.
Sincerely,
Your signature
Your printed name
The CFPB's page on what to do if you don't think you owe a debt covers the same ground and has its own sample letters.
Can a debt collector sue you?
Yes, until your state's deadline to sue runs out. A suit nobody answers usually ends in a default judgment: in Pew's research, more than 70% of debt collection lawsuits ended that way, meaning the person sued never responded Source Pew.
A judgment lets the collector ask the court to take money from your paycheck or bank account, called A legal order that makes your employer or bank hand over part of your money to pay a debt or a support obligation. Learn more → . Federal law caps wage garnishment for an ordinary debt at a quarter of your weekly pay after required deductions such as taxes, or less if your pay is low, and some states protect more Source 15 U.S.C. § 1673. When a bank gets a garnishment order, it has to protect two months' worth of Social Security, veterans' and other federal benefits you got by direct deposit Source CFPB.
Without a judgment, a collector can't garnish your pay or bank account for an ordinary debt, and saying it will is a false threat Source 15 U.S.C. § 1692e(4). Debts owed to the federal government are the exception. The Education Department, or the agency that guaranteed the loan, can take part of your pay for a defaulted federal student loan without going to court Source 20 U.S.C. § 1095a, and other federal agencies can do the same for debts owed to them Source 31 U.S.C. § 3720D. The IRS can take pay or bank money for unpaid taxes after sending notice Source 26 U.S.C. § 6331.
The CFPB explains what to do if a creditor or debt collector sues you, and a legal aid office can help for free if you qualify.
How long can a debt collector come after you?
A collector can ask you to pay for as long as the debt exists, but it can sue only until your state's deadline runs out, called the The legal period for filing a lawsuit to collect a debt, set by the law governing the claim. Learn more → . For a written contract, that deadline runs from three to ten years, depending on the state. Your state's is in the table near the end of this page.
Once a debt is past that deadline, a collector can't sue you or threaten to Source 12 CFR § 1006.26(b). Old debt like this is sometimes called Old debt past the deadline to sue that collectors still try to collect. A collector can't sue or threaten to sue over it, and in some states a payment can restart the clock. . In many states, a partial payment, or saying you owe an old debt, can restart the clock, even after the deadline has passed Source CFPB. In others it doesn't: in New York, a payment on consumer credit after the deadline doesn't restart it Source N.Y. CPLR § 214-i.
How long does a collection stay on your credit report?
Up to seven years. The clock starts 180 days after you first fell behind on the original account, not when a collector took the debt over Source 15 U.S.C. § 1681c.
Medical debt is different. The three credit bureaus stopped reporting paid medical collections on July 1, 2022, and medical collections under $500 in April 2023 Source CFPB. A CFPB rule that would have taken all medical bills off credit reports was finalized in January 2025 and struck down by a federal court on July 11, 2025 Source CFPB.
How do you get a debt collector to stop contacting you?
With a letter. Once a collector gets one saying you refuse to pay or want it to stop contacting you, it may contact you again only to say it's stopping, or to tell you about a specific step it or the creditor may take, such as a lawsuit Source 12 CFR § 1006.6(c).
Stopping the contact doesn't erase the debt. The collector can still sue while your state's deadline lasts, and it can still report the debt.
Sample letter asking a collector to stop contacting you
It stops calls and letters about the debt it names. It doesn't erase the debt: the collector can still sue or report it.
Your name
Your street address
City, State, ZIP
Date
Collector's name
Collector's address
City, State, ZIP
Re: Reference number the number on the collector's notice
To whom it may concern:
I want you to stop contacting me about the account above (15 U.S.C. § 1692c(c); 12 CFR § 1006.6(c)).
This letter is not an admission that I owe this debt.
Sincerely,
Your signature
Your printed name
Does the FDCPA cover your mortgage company?
Usually not, if the company has handled your loan since before you fell behind. The FDCPA covers a company that took over a debt already in default Source 15 U.S.C. § 1692a(6)(F), so a mortgage company that took on your loan after you were behind usually is covered.
Every mortgage company, covered or not, has to correct errors you point out in writing under the federal mortgage rules Source 12 CFR § 1024.35. Our guide for when you're behind on your mortgage covers those rules and the ways to catch up.
How do you file a complaint against a debt collector?
Online or by phone with the CFPB, and with your state attorney general. Start with a record of what happened. These are the usual routes:
- A record. The date and time of each call, who called and what they said, and every letter, email, text and voicemail.
- A complaint to the CFPB. File on its complaint page or call (855) 411-2372. It sends your complaint to the company for a response.
- A complaint to your state attorney general, who enforces state collection laws. The National Association of Attorneys General lists each one.
- A report to the Federal Trade Commission, which also enforces the FDCPA Source 15 U.S.C. § 1692l, at ReportFraud.ftc.gov.
- A lawsuit, within one year. A court can award your actual losses plus up to $1,000 more, and a collector that loses pays your reasonable lawyer's fees and court costs Source 15 U.S.C. § 1692k. The National Association of Consumer Advocates has a directory of consumer lawyers.
Questions about debt collectors
Can you be arrested for not paying a debt?
No. Not paying a consumer debt, such as a credit card or a medical bill, isn't a crime, and a collector can't threaten you with arrest or jail.
Do you have to pay a debt collector?
If the debt is yours and your state's deadline to sue hasn't passed, it's still owed, and the collector can sue for it. You don't have to pay before you know it's yours: a written dispute within 30 days of the validation notice pauses collection until the collector sends proof. How disputes work.
What is the 7-7-7 rule for debt collectors?
It's a nickname, not the law's term. Two of the sevens come from Regulation F: a collector is presumed to be harassing you if it calls about one debt more than seven times in seven days, or calls within seven days after you talked by phone. The third is often the seven years a collection can stay on your credit report.
Is there an 11-word phrase that stops debt collectors?
No phrase has special power. What the rules recognize is a letter: once a collector gets one saying you want it to stop contacting you, it can contact you only to say it's stopping or to tell you about a specific step, such as a lawsuit. On the phone, you can tell it not to use a number or not to call at a time that's inconvenient, and it has to stop.
Can debt collectors text you?
Yes. Every text has to tell you how to stop getting them, and once you opt out, the collector can't text you there.
Can debt collectors call on Sunday?
No federal rule bans Sundays. A collector can't contact you at a time it knows or should know is inconvenient for you, so once you tell it Sundays don't work, it can't call on Sundays.
Can a debt collector take your Social Security?
Not without suing you and winning a court judgment first. Even then, a bank that gets a garnishment order has to protect two months' worth of Social Security, veterans' and other federal benefits you got by direct deposit.
I already paid this debt. Why is a collector calling?
Debts get sold, and the collector may not have the payment record. A written dispute, with a copy of your proof of payment, makes the collector stop until it verifies the debt. Collecting a debt you don't owe breaks the rules.
Does the FDCPA cover my bank or credit card company?
Generally not while it collects its own debt in its own name. A debt it sells, or hands to a collection agency, is covered. Some state laws cover original lenders too.
How long a collector has to sue, by state
Each state sets its own deadline. This is the general deadline to sue on a written contract, from our state law records, with the law behind it; each state name opens that state's page. Some states set a different deadline for credit cards or other consumer debts, so a state's page or a lawyer can say which applies. New York's, for example, is three years for consumer credit.
Protect yourself from scams
The FTC and CFPB describe these warning signs and the rules behind them:
- Upfront fees for promised relief are a warning sign. Under FTC mortgage-assistance rules, most companies that sell mortgage help cannot charge until a homeowner accepts a written offer from the mortgage company or lender. A separate FTC rule covers debt-relief companies that sell by phone and ties fees to a completed debt arrangement. It bars a fee until at least one debt has been settled or changed, the customer agrees to the arrangement, and the customer has made a payment under it. The FTC describes a narrow exception for lawyers who give help as part of the practice of law and are licensed in the state where the client or dwelling is. The lawyer follows that state's rules for attorneys, and advance fees are placed in a client trust account before services begin under state trust-account rules.
- HUD-approved foreclosure-prevention counseling is free. HUD’s national counselor line is 800-569-4287. The CFPB counselor finder lists agencies and their services. If an organization charges for help described as free HUD counseling, the CFPB finder can verify the agency and its listed services before any payment.
- A request to sign over a deed is a warning sign. The CFPB identifies title-transfer schemes among foreclosure-relief scams. Signing over title can mean losing ownership of the home; a lawyer can explain what a proposed document would do.
Free help with a debt collector
A nonprofit credit counselor goes over your budget and debts with you, usually free or at low cost, and can set up a plan to repay what you owe. Find one in our directory. A legal aid office gives free legal help to people who qualify, including with collection lawsuits: find legal aid near you.
Owing money doesn't take away these rules. Most of what goes wrong with a collector is a debt nobody can explain, and the law gives you the right to make the collector explain it.
Sources
What this page relies on (27 sources)
- 12 CFR Part 1006 (Regulation F), the CFPB's debt collection rule, at consumerfinance.gov
- Fair Debt Collection Practices Act, 15 U.S.C. § 1692a (who is a debt collector), at law.cornell.edu
- Fair Debt Collection Practices Act, 15 U.S.C. § 1692c (when and with whom a collector can communicate, and the letter that stops it), at uscode.house.gov
- Fair Debt Collection Practices Act, 15 U.S.C. § 1692d (harassment and abuse), at uscode.house.gov
- Fair Debt Collection Practices Act, 15 U.S.C. § 1692e (false or misleading statements), at uscode.house.gov
- Fair Debt Collection Practices Act, 15 U.S.C. § 1692f (unfair practices, including interest and fees), at uscode.house.gov
- Fair Debt Collection Practices Act, 15 U.S.C. § 1692g (validation of debts and disputes), at uscode.house.gov
- Fair Debt Collection Practices Act, 15 U.S.C. § 1692k (what a court can award), at uscode.house.gov
- Fair Debt Collection Practices Act, 15 U.S.C. § 1692l (who enforces the law), at uscode.house.gov
- 15 U.S.C. § 1673, the federal limit on wage garnishment, at law.cornell.edu
- 20 U.S.C. § 1095a, garnishment of pay for defaulted federal student loans, at law.cornell.edu
- 31 U.S.C. § 3720D, garnishment of pay for other debts owed to federal agencies, at law.cornell.edu
- 26 U.S.C. § 6331, the IRS levy for unpaid taxes, at law.cornell.edu
- 15 U.S.C. § 1681c, the Fair Credit Reporting Act's time limits, at uscode.house.gov
- 12 CFR § 1024.35 (Regulation X), errors a mortgage company must correct, at consumerfinance.gov
- New York CPLR § 214-i, the deadline to sue on consumer credit, at nysenate.gov
- Consumer Financial Protection Bureau · What if I believe I don't owe the debt? at consumerfinance.gov
- Consumer Financial Protection Bureau · What should I do if a creditor or debt collector sues me? at consumerfinance.gov
- Consumer Financial Protection Bureau · What is a statute of limitations on a debt? at consumerfinance.gov
- Consumer Financial Protection Bureau · Can a debt collector take my Social Security or VA benefits? at consumerfinance.gov
- Consumer Financial Protection Bureau · Submit a complaint, at consumerfinance.gov
- Federal Trade Commission · ReportFraud.ftc.gov, at reportfraud.ftc.gov
- CFPB Consumer Complaint Database, debt collection complaints, pulled September 8, 2026, at consumerfinance.gov
- The Pew Charitable Trusts, courts and communities project, at pew.org
- CFPB, “Debt collectors re-evaluate medical debt furnishing in light of data integrity issues”, at consumerfinance.gov
- CFPB, “CFPB Finalizes Rule to Remove Medical Bills from Credit Reports,” with the vacatur notice, at consumerfinance.gov
- Our state law records, built from each state's laws, for the state table
We write with assistance from AI tools. Figures come from the data and sources named on this page.