If a U.S. debt collector contacts you, don't pay just to end the call. Write down who called, preserve the notice, and check the account against your own records first. That short pause can help you spot a wrong amount, a debt that belongs to someone else, or a lawsuit deadline that has already expired.
The Fair Debt Collection Practices Act (FDCPA) mainly covers third-party collection agencies, debt buyers, and collection lawyers trying to collect consumer debts. Regulation F adds rules for validation notices, telephone calls, emails, and text messages. State law may cover more conduct, including collection by an original creditor.
This is general consumer information, not legal advice. The result can depend on the debt type, your state, the contract, and the facts of the account.
Who the FDCPA covers
The FDCPA applies mainly to debts incurred for personal, family, or household purposes. Common examples include:
- Credit card accounts
- Medical bills
- Personal loans
- Auto-loan deficiencies after repossession
- Apartment or utility debts
- Accounts sold to a debt buyer
A collection agency collecting for a creditor will usually be covered. A debt buyer may also be covered when it purchases and collects accounts, although the legal classification can depend on what the company does. Lawyers who regularly collect consumer debts can fall under the law as well.
An original creditor collecting its own account under its own name usually isn't covered by the FDCPA. That doesn't give the creditor permission to harass you or lie. State collection laws and other federal laws may still apply, and some states regulate original creditors more broadly.
The company's role may not be obvious from a phone call. Keep the first notice and ask for:
- The collector's legal business name and mailing address
- The current creditor
- The original creditor, if different
- The amount claimed and how to dispute it
What a collector can't do
The FDCPA prohibits abusive, deceptive, and unfair collection conduct. A collector generally can't:
- Threaten violence or harm
- Use obscene or profane language to abuse you
- Threaten arrest, imprisonment, or action it has no lawful basis to take
- Pretend to be a government official, attorney, or law enforcement officer
- Misrepresent the amount, ownership, status, or legal consequences of the debt
- Threaten a lawsuit it can't legally bring, including a suit barred by the statute of limitations
- Publicize your debt or improperly disclose it to other people
- Contact you at a time or place it knows is inconvenient
- Keep collecting on a debt, or the disputed part of it, after receiving a timely written dispute and before sending verification
A collector may contact another person in limited circumstances to obtain location information. It generally can't tell that person about your debt. A call to your workplace may also violate the FDCPA if the collector knows your employer prohibits personal calls there.
Collectors can ask for payment. They can't use intimidation or false information to force you to pay.
Call, text, and email limits
Collectors generally may contact you between 8 a.m. and 9 p.m. in your local time, unless you have permitted another time. Regulation F also generally bars more than seven telephone calls about a particular debt within seven consecutive days, as well as a call within seven days after a telephone conversation about that debt.
The seven-call rule has exceptions, so it isn't simply a ban on every eighth contact. Certain calls may not count, and the details of the call matter.
Email and text messages aren't automatically unlawful. Regulation F permits some electronic messages when the collector follows disclosure, privacy, and opt-out requirements. The Telephone Consumer Protection Act (TCPA) can impose separate limits on autodialed or prerecorded calls and texts. Consent, the number contacted, the technology used, and the message can all affect the answer.
If the contact becomes excessive, keep a simple log:
- Date and time
- Number or caller ID
- Company's name and caller's name
- What was said
- Whether you received a voicemail, text, or email
- Your response, including any request to stop
Check your state's call-recording law before recording a conversation. Save voicemails, screenshots, letters, envelopes, and account statements in their original form.
Debt validation and written disputes
The validation notice generally must give you key information about the debt, including the amount claimed, the creditor, and your right to dispute it. The collector must provide that information in the initial communication or within five days afterward.
You generally have 30 days after receiving the notice to send a written dispute. You can challenge the entire account or only part of the balance. You can also ask for the name and address of the original creditor when it differs from the current creditor.
A timely written dispute triggers a collection pause. If you dispute the whole debt, the collector must stop trying to collect until it mails verification. If you dispute only part of the balance, the pause applies to the disputed part. Federal law doesn't necessarily require the collector to send every document you might want, such as a signed contract or a complete chain of ownership. State law or court rules may require more if the matter reaches court.
The 30-day period isn't a deadline for the collector to prove the debt. It is the period in which your written dispute can trigger the federal pause.
Debt validation letter template
Use the dispute address in the validation notice, if one is provided. Keep a copy of the letter and use a delivery method that gives you proof of sending and delivery.
[Your name]
[Your address]
[Date]
[Collector name]
[Collector address]
Re: Account number [account number]
Original creditor: [name, if known]
I dispute this debt [or: I dispute the portion of this debt that claims $___].
Please provide the validation information for this account, including the amount claimed, the name and address of the current creditor, and the name and address of the original creditor if different.
Please treat this letter as a written dispute and mail verification before resuming collection activity on the disputed amount.
Sincerely,
[Your name]
Don't write that you owe the money if you aren't sure. Don't send original documents, unnecessary medical records, or full bank-account information. If the account belongs to someone else, say so clearly and attach only appropriate supporting evidence.
You can still request information after the 30-day period, but the federal collection pause may not apply in the same way. A dispute with a debt collector also doesn't automatically correct a credit-report entry. If the account is reported inaccurately, dispute it separately with the credit-reporting company and the company that supplied the information.
Time-barred debt and the statute of limitations
A statute of limitations sets a deadline for suing over a debt. The period depends on the type of debt and the law that applies. That may be the law where you live, another state's law, or a state law identified in the contract, subject to applicable legal limits.
The starting date isn't always obvious. It may involve a missed payment, default, account acceleration, or another event defined by state law. In some states, a payment, written acknowledgment, or promise to pay can restart or extend the period. In others, it may not.
For that reason, don't make a token payment or admit that an old debt is valid until you've checked the law that applies to the account.
When the period has expired:
- The debt may still exist as a financial obligation.
- A collector may still request voluntary payment, subject to federal and state restrictions.
- An FDCPA-covered third-party collector generally can't sue or threaten to sue over time-barred debt.
- You may need to raise the statute-of-limitations defense if a lawsuit is filed.
- The lawsuit deadline and credit-reporting rules are separate questions.
The FTC's debt collection FAQs discuss time-barred debts, including what can happen after a partial payment or a request to stop contact. For additional background on Regulation F's time-barred-debt provision, see this law-school summary.
Never ignore a summons. Even if you believe the debt is too old for a lawsuit, the court may not apply that defense unless you respond and raise it.
Medical debt: what is and isn't protected
A medical bill isn't automatically exempt from collection. If the bill is valid and unpaid, a collection agency may try to collect it, but it must follow the FDCPA when that law applies.
Before paying, compare the collector's notice with:
- The itemized medical bill
- Your insurer's explanation of benefits
- Payments already made
- Insurance adjustments or denials
- The patient's name and dates of service
- Any financial-assistance or charity-care decision
- The balance shown in the collector's notice
Dispute duplicate charges, uncredited insurance payments, services you didn't receive, or an account assigned to the wrong person. Ask the provider and insurer to correct their records too; a dispute sent only to the collector may not fix the underlying billing error.
The No Surprises Act addresses certain surprise out-of-network medical bills. It doesn't erase every medical balance or prohibit collection of a bill that is otherwise valid.
Credit reporting is a separate issue. The linked Medicare Rights Center summary and legal analysis describe a 2025 federal court ruling reported as vacating the CFPB's medical-debt credit-reporting rule. Don't rely on a blanket claim that medical debt can never appear on a credit report. Check the current federal position, your state's protections, and the accuracy of the particular entry.
State law may change the result
Federal law is a baseline, not a complete list of your rights. State law may:
- Set different limitation periods for credit cards, written contracts, auto loans, and medical accounts
- Regulate original creditors as well as third-party collectors
- Require licenses or special disclosures from debt buyers
- Set stricter contact limits
- Add protections for medical debt
- Control wage garnishment, bank levies, repossession, or property exemptions
- Provide separate damages or complaint procedures
The applicable rule may depend on where you live, where the collector operates, and the contract governing the account. A single online table labeled "state SOL" may not answer the question for your debt.
For a state-specific answer, check your state attorney general, financial regulator, court self-help service, or a consumer legal-aid organization.
What to do after a collector contacts you
1. Preserve the evidence
Keep the validation notice, envelope, emails, texts, voicemails, account statements, payment records, and credit-report screenshots. Record when you received the notice, not just when it was mailed. Write down the date of every call and the name of each person you speak with.
2. Verify the company and account
Use the mailing address in the written notice rather than relying only on caller ID or a link in a text. Ask for the collector's legal business name, the current creditor, the original creditor, and the balance. Don't provide bank or card details until you've confirmed that the company and account are legitimate.
3. Send the response that matches the problem
Send a written dispute if you don't recognize the debt, the amount is wrong, or the account was already paid. Ask for the original creditor if that information is missing.
A cease-communication request is different. If you want routine contact to stop, send a separate written notice such as: "Please stop contacting me about this debt." After receiving it, the collector may generally contact you only to confirm that it will stop or to tell you about a specific legal remedy. A cease letter doesn't cancel the debt or prevent a lawsuit.
If you think the debt is accurate and affordable, consider negotiation only after checking the statute-of-limitations issue and getting the proposed terms in writing.
4. Respond to court papers
A collection letter isn't the same as a lawsuit. If you receive a summons or complaint, follow the response deadline printed on the papers. A cease letter, regulatory complaint, or pending validation request is not a substitute for filing a court response.
5. Complain when the facts support it
You can report suspected violations to the Consumer Financial Protection Bureau (CFPB), the Federal Trade Commission (FTC), and your state consumer-protection agency. Include dates, copies of relevant communications, and a short explanation of what happened. Remove unnecessary account numbers and sensitive personal information from attachments.
A complaint may help regulators identify a pattern, but it usually won't decide whether you owe the debt or extend a deadline for answering a lawsuit.
Payment plans, settlement, and debt relief
You don't have to accept the first payment demand. If you decide to resolve a valid debt, get a written agreement before paying. It should identify:
- The account being resolved
- The total amount
- Each payment amount and due date
- Whether the payment plan satisfies the debt in full
- What happens if a payment is late
- How payments will be applied
- Whether any balance remains after completion
Don't rely on a verbal promise that payment will delete the account from your credit report. Accurate negative information may not be removable simply because you paid or settled it. A settlement can also have credit and possible tax consequences.
A nonprofit debt-management plan may help with several unsecured debts. It requires regular, timely payments and can take 48 months or more. The FTC's guide to getting out of debt suggests asking a counseling organization what it will do, what it charges, whether it provides free education, and whether it is licensed to work where you live.
Be wary of a debt-relief company that demands money before performing the promised service, guarantees a result, or tells you to stop communicating with creditors without explaining the consequences.
Repossession, garnishment, and bankruptcy
The FDCPA doesn't control every collection remedy.
- Repossession: An auto lender may have contract and state-law rights to repossess collateral. A validation dispute or cease letter doesn't necessarily stop that process.
- Garnishment: A collector generally can't take wages or money from a bank account merely by demanding payment. A court judgment is commonly required, although government debts and other exceptions may follow different procedures.
- Bankruptcy: Filing bankruptcy generally triggers an automatic stay against many collection actions, with exceptions. A bankruptcy lawyer or qualified legal-aid service can explain whether it fits your situation.
Get help promptly if you receive court papers, a garnishment notice, or a repossession warning. These matters can involve short deadlines and state-specific exceptions.
Can you sue a debt collector?
You may have a claim if a collector harassed you, misrepresented the debt, contacted third parties improperly, or continued prohibited collection activity.
Federal law generally allows:
- Actual damages for proven financial or emotional harm
- Statutory damages of up to $1,000 in an individual action
- Possible recovery of reasonable attorney fees and court costs if you prevail
The FDCPA generally gives you one year from the violation to file. State-law claims may have different deadlines or remedies. Save your evidence and speak with a consumer attorney or legal-aid provider before assuming that small claims court is the best option.
Frequently asked questions
Do I have to pay a debt I don't recognize?
No. Don't ignore it, but don't confirm that you owe it or make a payment before checking the notice and your records. Send a written dispute within the 30-day period if it applies, and keep proof of delivery.
Does a validation letter erase the debt?
No. It challenges the collector's information and can require a pause while the collector mails verification. It doesn't erase an account that can be shown to be valid.
Can a collector contact me after I send a cease letter?
Usually only to confirm that contact will stop or to notify you about a specific legal remedy. The letter doesn't prevent a lawsuit or cancel the account.
Is every old debt uncollectible?
No. The lawsuit deadline depends on state law, the debt type, and sometimes the contract. An old debt may still be pursued for voluntary payment even when a lawsuit is barred.
Is all medical debt protected from credit reporting?
No blanket rule should be assumed. Medical-debt reporting can depend on current federal developments, state law, the type of account, and whether the information is accurate. Dispute errors with both the collector and the relevant credit-reporting company.
What should I do today?
Save the notice, record when you received it, verify the company, and compare the balance with your records. If the debt is inaccurate, send a written dispute before the 30-day period expires. If you've received legal papers or the account may be time-barred, get state-specific help before paying.