How to talk to a debt collector — and what you should know first

Receiving a call from a debt collector is stressful for almost everyone. Knowing your rights and having a clear idea of what to say — and what not to say — before that call happens can make the experience much less overwhelming.

You have rights under the FDCPA

The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits what debt collectors can and cannot do. Under the FDCPA, debt collectors cannot call you before 8am or after 9pm. They cannot use abusive or threatening language. They cannot misrepresent the amount you owe or threaten actions they cannot legally take. They cannot contact you at work if you tell them your employer does not allow it.

These are legal protections — not suggestions. If a collector violates them, you may have grounds to file a complaint with the Consumer Financial Protection Bureau (CFPB) or your state attorney general, and in some cases to take legal action.

You can ask for debt validation

When a collector first contacts you, you have the right to request a debt validation letter — a written document showing the name of the original creditor, the amount owed, and information about how to dispute the debt if you believe it is not yours or the amount is wrong. Send this request in writing and keep a copy.

Do not make a payment until you have verified that the debt is real, that it is yours, and that the amount is correct.

What not to say during the call

Avoid making any payment arrangements or acknowledging that the debt is yours until you have verified the details in writing. In some states, verbally acknowledging a debt can restart the statute of limitations — the period during which a creditor can sue you to collect it. If in doubt, say nothing more than that you would like to receive information in writing.

You can request that they stop calling

Under the FDCPA, you can send a written letter asking the collector to stop contacting you. This does not make the debt go away, but it does legally require them to stop calling. After receiving this letter, they can only contact you to confirm they are ceasing contact or to notify you of specific legal action.

Get free advice before making any decisions

If a debt collector contacts you about a significant amount, it is worth speaking with a nonprofit credit counselor before making any decisions. The NFCC and local legal aid organizations can provide free or low-cost guidance. Acting without understanding your situation can sometimes make things worse.