Your rights with debt collectors

🎯 In 30 seconds: Federal law (the Fair Debt Collection Practices Act and the CFPB’s Regulation F) limits what debt collectors can do. They must send you a validation notice, cannot call more than seven times in seven days about a debt, and must pause collection if you dispute in writing within 30 days. Old debts have legal time limits, and making a payment can restart them.

Who the rules cover

The FDCPA covers third-party debt collectors collecting personal, family or household debts, and debt buyers whose main business is collecting debts. Since the Supreme Court's 2017 decision in Henson v. Santander, a company that collects debts it bought for itself can fall outside the law if collecting is not its main business, so check your state's law too. It generally does not cover the original creditor collecting its own debt or business debts, although some state laws do.

The validation notice and your 30 days

Within five days of first contacting you (or as that first contact), a collector must give you a validation notice. It must include:

A statement that it is from a debt collector, plus its name and address and yours.
The name of the creditor, and the account number if there is one.
An itemization of the debt since a set date: interest, fees, payments and credits.
How to dispute, and the end date of your 30-day dispute period.

If you dispute in writing or ask for the original creditor’s name within those 30 days, the collector must stop collecting the disputed amount until it sends you verification.

What collectors cannot do

The 7-in-7 rule. A collector is presumed to break the law if it calls you about a debt more than seven times in seven days, or calls within seven days after you had a phone conversation about that debt.
Contact you before 8 a.m. or after 9 p.m., unless you agree.
Call you at work if they know your employer does not allow it.
Post about your debt publicly on social media.
Contact you directly if they know a lawyer represents you on the debt.
Harass, threaten, or lie about the amount or the consequences.

Every email or text must include a simple way to opt out. You can also tell a collector in writing to stop contacting you; after that they can only confirm they will stop or tell you about a specific action, such as a lawsuit. Stopping contact does not erase the debt.

Old debts: two different clocks

Clock	What it controls	Typical length
Statute of limitations	How long they can successfully sue you	Set by state law; most are 3 to 6 years, some longer
Credit reporting	How long it can appear on your credit report	Most negative items about 7 years; bankruptcy up to 10

Because the two are separate, a debt can be too old to sue on yet still show on your report, or drop off your report while still collectable in court.

Zombie debt is the nickname for very old debt that resurfaces, often bought cheaply by a debt buyer. Collectors cannot sue or threaten to sue on a time-barred debt, but they can still ask you to pay. In some states, a partial payment or even acknowledging the debt can restart the statute of limitations. Federal student loans have no statute of limitations.

If you are sued, show up

An expired statute of limitations is a defense you generally have to raise yourself. If you ignore the lawsuit, the court may rule against you anyway. Legal aid or an attorney can tell you your state’s time limit.

Step by step when a collector calls

Ask for the collector’s name, company and mailing address. Do not confirm or pay anything on the first call.
Wait for the validation notice and check every line against your records.
If anything is wrong or unfamiliar, dispute in writing before the date on the notice. Send it by certified mail with a return receipt and keep copies. The CFPB publishes free sample letters.
Log every call: date, time, who, what was said.
If the debt is valid, any payment deal should be in writing before you pay.

How to complain to the CFPB

File online at consumerfinance.gov/complaint (about 7 to 10 minutes) or call (855) 411-2372, weekdays 9 a.m. to 6 p.m. Eastern. Include dates, amounts and copies of letters. The CFPB forwards it to the company, and most companies respond within 15 days. You can also report to your state attorney general. Once the collector is handled, Debt Payoff can help you plan what you do owe.

📞 Your rights with debt collectors: validation, call limits and zombie debt