A debt collector may contact you about a debt and generally must give you information about it during the first contact or within five days. In certain situations, you have only 30 days after you’re contacted to ask for certain information, so review what you received and decide what you want to ask.
What to have in front of you
Gather the information you have before responding:
- The debt collector’s communication and any validation information provided.
- The name of the creditor and the amount the collector says you owe.
- Any information the collector gave you about how to dispute the debt.
- Documentation that could support a dispute, if the debt is not yours or you already paid it.
- Copies of any letters or other communications between you and the collector.
First, review the debt information
The Consumer Financial Protection Bureau, or CFPB, suggests using the contact as an opportunity to find out about the debt. The information can help you assess whether the collector is legitimate and whether the debt is yours.
A debt collector is generally required to give you certain information during the first communication or within five days afterward. This is called validation information. It includes the name of the creditor, the amount the collector says you owe, and how to dispute the debt.
Look at the information the collector provided and note any questions you have. If the collector does not or cannot provide the validation information, it could be a scam.
Do not give sensitive financial information to a caller until you have confirmed that the collector is legitimate.
Ask for information you need
You can ask the debt collector for evidence indicating that you are the correct debtor. You can also ask what the collector is relying on to calculate the amount due.
If the debt is not yours or you already paid it, providing documentation can help your dispute. Keep copies of any letters you send and any other communications.
The CFPB says that, in certain situations, you have only 30 days after you’re contacted to ask for certain information. If more than 30 days have passed, it is still a good idea to ask for what you need.
A debt collector can also help you understand whether the debt is yours and what your options are, even if you cannot pay right now.
Choose how to respond
The CFPB offers sample letters you can use to communicate with a debt collector. These cover different situations, including when you want to:
- Say you do not owe the debt.
- Ask for more information about the debt.
- Ask the collector to stop contacting you.
- Ask the collector to contact you only through your lawyer.
- Specify how the collector can contact you.
Choose the option that fits what you want to communicate. If you use a sample letter, the CFPB says it is important to do so as soon as possible after the collector first contacts you. Keep a copy of the letter you send.
The sample letters are not legal advice. You can also notify the debt collector in writing to stop communicating with you.
Consider how you want to be contacted
You have protections against repetitious, excessive and threatening communications. Under the Fair Debt Collection Practices Act, debt collectors violate the law when they harass, oppress or abuse you.
If a collector calls at an inconvenient time or place, you have the right to ask them to call at a more convenient time or place that you specify. The sample letters also include options for specifying how a collector can contact you or asking them to contact you only through your lawyer.
Keep copies of your communications so you have them in front of you if you need to follow up.
If you are having an issue
If you are having an issue with debt collection, you can submit a complaint to the CFPB.
The CFPB also says that, when a collector is collecting a valid debt, avoiding or ignoring the call usually will not make the collector go away. The collector may instead find other ways to collect, including by filing a lawsuit. You can use a conversation with the collector to ask about the debt and your options.
If you have a letter, you can paste it into the Clarify Help box on the home page.
Where this comes from
What should I do when a debt collector contacts me?