Debt Collectors and Consumer Rights
Your rights as a consumer protect you from aggressive debt collectors and unfair or deceptive practices.
All consumers have certain rights, even if they're in debt. Under the Fair Debt Collection Practices Act, the Fair Credit Reporting Act, and other laws, you can fight unfair or misleading practices by creditors, debt collectors and others.
This page is your hub for learning about your consumer rights.
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How the Fair Debt Collection Practices Act Protects You
Written by Attorney Alexander Hernandez. Legally reviewed by Jonathan Petts
Updated January 28, 2025
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from third-party debt collectors and collection agencies. The FDCPA's main purpose is to protect consumers from abusive and deceptive practices used by debt collectors. The federal law sets limits when and how collectors can contact you, prohibits harassment and false representations, and gives consumers the right to dispute debts. If debt collectors violate of the FDCPA, you can take legal action or report them to various federal agencies.
Read More →How To Deal With Debt Collectors (When You Can’t Pay)
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 1, 2024
If you’re being contacted by debt collectors for a debt you simply can’t repay, it’s important to know your rights to protect yourself from harassment and validate the debt. Once you know the debt is valid, look into your debt relief options. Getting a free consultation with a nonprofit credit counselor can help you understand your options and make a plan to deal with your debt.
Read More →What Is Debt and How Should I Handle It?
Written by Attorney Andrea Wimmer.
Updated April 18, 2024
Debt is a result of borrowing money that has to be paid back over a period of time. Lending institutions, like banks, will lend you money so you can make a purchase. In turn they expect you to pay them back, with interest. Debt can be classified in two broad categories: corporate debt and personal debt, which is also called consumer debt. Corporate debt involves loans between businesses and, generally speaking, has little to no impact on personal debt. This article will explain the most common types of consumer (personal) debt and how to handle it.
Read More →Car Repossession 101
Written by Amy Carst. Legally reviewed by Attorney Andrea Wimmer
Updated April 5, 2024
This article will answer some common questions about vehicle repossession, including why it happens, what the steps are in this process, and how you can get your car back, after it’s been repossessed.
Read More →Should I File For Bankruptcy or Try Debt Relief?
Written by Ben Jackson. Legally reviewed by Jonathan Petts
Updated January 30, 2025
When you’re trying to figure out the best debt relief option, first consider how much debt you have, whether you want to call in outside help or support, how quickly you’re hoping to repay the debt, and how important your credit score is to you right now. You have several debt-relief strategies available to you, and each has its pros and cons.
Read More →How to Stop Debt Collection Companies?
Written by Kristin Turner, Harvard Law Grad.
Updated August 9, 2023
Do you want to stop debt collection companies? You may need to do more than to request that they stop contacting you.
Read More →Your Guide To Rebuilding Credit After Bankruptcy
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated April 18, 2024
A bankruptcy does not destroy your credit forever. Instead, following some simple tricks and taking advantage of the various credit repair tools can help you build a stronger credit report and higher credit score after filing for bankruptcy.
Read More →What is a Consumer Protection Attorney?
Written by Jonathan Petts.
Updated October 24, 2021
A consumer protection attorney may help you protect your rights under one or many consumer protection laws.
Read More →What is a Debt Collection Attorney?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
A debt collection attorney is a type of attorney who specializes in debt collection. They can represent either creditors or borrowers, so it is smart to find a debt collection attorney who specializes in a practice area specific to your type of case. While a debt collection attorney cannot make your debt disappear, they can help you navigate the debt collection process and protect your legal rights. Keep in mind, though, that hiring a lawyer will be an additional cost to you.
Read More →Debt Consolidation – 5 Things You Should Know
Written by Jonathan Petts. Legally reviewed by Attorney Andrea Wimmer
Updated January 30, 2025
Debt consolidation does not erase debt, but it can be helpful in reducing your interest rate on debt you owe.
Read More →Debt Relief Programs and Financial Resources for Veterans
Written by Attorney Jenni Klock Morel. Legally reviewed by Jonathan Petts
Updated January 30, 2025
There are many debt-relief programs and resources for veterans and active-duty service members alike. Some focus on helping military personnel with homeownership while others focus on managing your finances and debts. It’s especially important for active-duty military members to keep their finances in order. This will help you get or maintain security clearances. This article covers the most common debt relief programs and financial resources for veterans and active-duty service members.
Read More →What Does It Mean To Be Judgment Proof?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
Being judgment proof means that you do not have anything for a creditor to collect if they sue you and win. As you can imagine, this means that they are not likely to sue you. It does not mean that they can't sue you, just that they probably won't be able to collect if they do decide to take you to court.
Read More →How Do You Answer a Summons for Debt Without an Attorney?
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 24, 2025
If you receive a summons and complaint from a debt collector or creditor, it means you’re being sued for unpaid debt. It’s important to respond to (or answer) the lawsuit. You do this by filing official paperwork with the court. Be sure to address every point in the complaint, raise any defenses you have, and file the paperwork within the time frame provided. Debt collectors are counting on you not to answer the lawsuit so that they can win by default. Don’t be intimidated! Take control and learn how to file an answer by reading this guide. You do not need an attorney to answer a debt collection lawsuit successfully.
Read More →What are the alternatives to Chapter 7 bankruptcy?
Written by Attorney Andrea Wimmer. Legally reviewed by Jonathan Petts
Updated January 24, 2025
Bankruptcy is not right for everyone or every situation. If you're not sure whether bankruptcy is right for you, knowing what alternatives are available to give you some relief from your debts is a critical part of making the right decision for you and your family. Let's take a look at some of the most common bankruptcy alternatives.
Read More →What Goes Into a Credit Score?
Written by Kristin Turner, Harvard Law Grad.
Updated January 30, 2025
Your credit score is determined by several factors, including payment history, how much of your credit you're using, what types of credit you have, how long your credit history is, and how much new credit you've applied for recently. Your score helps lenders understand how well you manage credit as a borrower. You can proactively work to improve your credit score and build a strong financial future.
Read More →3 Steps To Take if a Debt Collector Sues You
Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 28, 2025
If you haven’t paid a debt, you can be sued by a debt collector. If the debt collector wins the lawsuit and gets a judgment against you, they can take more aggressive collection actions. To avoid this, you’ll need to answer the complaint, prepare a defense, and show up to the hearing prepared. It’s also good to get familiar with debt collection laws so you’ll know if the debt collector has broken them.
Read More →How To Get Your Credit Report For Free
Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 28, 2025
Your credit report has a lot of power over your daily life - whether that's when you go to get a new car or are applying for an apartment. In addition to using credit responsibly, keeping an eye on your credit report is one of the most valuable things you can do to make sure your financial house is as stable as possible. There are three ways to request a copy of your free credit report.
Read More →What Is a Debt Management Plan?
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated August 1, 2024
A debt management plan allows you to combine your debts and make one monthly payment with a lower interest rate. It's set up by a credit counselor and usually takes 3-5 years to complete. Only certain kinds of debt, such as credit card debt, can be included in a DMP. If you have a lot of debt that's secured by collateral (like a house or car loan), a DMP may not be the best option. But you can look into other debt relief options including filing Chapter 13 bankruptcy.
Read More →What Is Debt Settlement?
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated January 14, 2025
Debt settlement is a type of debt relief. If a creditor agrees to a debt settlement, you make a lump-sum payment for less than the total debt you owe and they forgive the rest. This can work well if you have a large sum of cash at hand. But many who've fallen behind on paying their debts don’t. If you try to save up money to settle a debt, you'll hurt your credit in the meantime if you stop making your debt payments.
Read More →What Is Credit Counseling?
Written by Attorney Tina Tran. Legally reviewed by Jonathan Petts
Updated January 30, 2025
Credit counseling is a great starting point for people who need help figuring out the best way to deal with their debt. Nonprofit credit counselors review your income and debt and help you develop a personalized plan to repay your debts. They’ll go over several potential debt relief solutions, including budgeting, starting a debt management plan, consolidating your debt, or filing bankruptcy.
Read More →What Is Debt Consolidation?
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated January 30, 2025
Debt consolidation is when you combine multiple debts into one. The goal of consolidating your debt is to reduce your monthly payment and get a lower interest rate. It also simplifies your debt repayment, so you're less likely to miss payments each month. Debt consolidation loans and credit card balance transfers are two common types of debt consolidation.
Read More →How To Protect Yourself From Debt Collector Harassment
Written by Attorney Alexander Hernandez.
Updated July 13, 2023
If your credit card or other debt has been sold to a debt collection agency, they may be harassing you with endless, at times even threatening, communication. Debt collectors may contact you through phone calls, text messages, social media, and more. Knowing your rights and taking steps to protect yourself — like asking the debt collector to validate the debt and taking detailed notes of your interactions — is your best defense against aggressive debt collectors.
Read More →Do I Still Owe Money After My Car Is Repossessed?
Written by Attorney Amelia Niemi. Legally reviewed by Jonathan Petts
Updated December 13, 2024
Yes, you may still owe money after your car is repossessed. If the lender repossesses your car and sells it at auction for less than the amount you owe on your loan, you’ll be responsible for paying the remaining amount, called a deficiency balance. This can include additional fees like towing, storage, and auction costs. While repossession doesn’t erase your debt, options like negotiating with your lender or filing for Chapter 7 bankruptcy can help you manage or eliminate the remaining balance.
Read More →What happens if your debt goes to a collections company?
Written by Attorney Amelia Niemi. Legally reviewed by Jonathan Petts
Updated January 30, 2025
Most of us have a pile of “to-dos” that never seem to be done. For many people, this includes a stack of bills and debts that just keep getting higher. As much as you’d love to pay off that medical debt, there’s never quite enough to go around on payday. Having this debt hang over your head can be really stressful. A lot of people sit up at night, worrying about what will happen next to their debt. Read more to find out what debt collectors can – and can’t – do, how they might legally be able to claim that money, and how this might affect your credit history.
Read More →How To Find Out What Debt Collectors You Owe
Written by Attorney Amelia Niemi.
Updated August 18, 2023
If it feels like you’re drowning in a sea of debt, it can seem impossible to find a life raft, especially if the debt collectors have already started circling. Getting a handle on who you owe and how much money you owe them is an important first step in sorting out your personal finances. This article will give you some tips and tools you can use to climb aboard that life raft, grab a paddle, and start sorting out your financial life.
Read More →Are You Getting Calls From Collection Agencies and Worried What Might Happen? Find Out Here!
Written by Lawyer John Coble.
Updated March 22, 2021
Calls from debt collectors are stressful and - if you don’t know what to expect they can be downright scary. Learn whether a collection agency can sue you and how to protect your rights, so you’re ready the next time a collection agency calls.
Read More →How To Stop Collection Calls: A Comprehensive Guide
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 9, 2023
If you have debt you’re struggling to manage, you don’t need the added stress of irritating collection calls. Keep reading to learn how you can stop debt collection calls from interrupting your life.
Read More →Can a Credit Card Company Sue Me if I Stop Paying?
Written by Attorney Tina Tran. Legally reviewed by Attorney Paige Hooper
Updated January 13, 2025
Yes, a credit card company can sue you if you stop paying your bills. Typically, credit card companies will contact you several times before escalating the matter to legal action or charging off the debt to a debt collection agency. Though there’s no set timeline, you can expect legal action after six months of nonpayment. While there are no guarantees, you’re less likely to be sued if you owe less than $2,000.
Read More →Can a Judgment Creditor Take My Car?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated January 24, 2025
When a creditor sues you and wins a court judgment, they gain powerful tools to collect the debt you owe. These tools include garnishing wages, levying bank accounts, or placing a judgment lien on your property — like your home or car. If a lien is placed on your car, it could put your vehicle at risk, depending on its equity and your state’s exemption laws. This article breaks down what happens when a creditor files a lien on your car, your legal rights, and the steps you can take to protect your property.
Read More →Can an Employer Deny Me a Job Because of My Bad Credit?
Written by Attorney Kassandra Kuehl. Legally reviewed by Jonathan Petts
Updated January 15, 2025
In short, yes, in the majority of states, employers can deny you employment if you have bad credit. Some states and cities have passed laws that prohibit the practice, though there are some exceptions, such as for jobs in the financial sector. Employers must get your written consent before they run a credit check as part of the hiring process. Having certain negative items on your credit report may not hurt your chances for all jobs. If you’re looking for a job and have bad credit, there are steps you can take to improve your chances of landing your dream job.
Read More →Will I Go to Jail for Not Paying My Debts?
Written by Attorney Kassandra Kuehl.
Updated August 10, 2023
You can't be thrown in jail for not paying your credit cards and it's illegal for collection agencies to threaten you with jail time over the phone. Don’t be intimidated by such threats; be proactive, know your rights under the FDCPA, and research your debt relief options, such as credit counseling and Chapter 7 bankruptcy.
Read More →Can I Fix Negative Information on My Credit Report?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated April 19, 2024
This article will explain how to get your credit report and what types of information — positive and negative — will appear on your report. We'll also talk about how to fix your credit report when misinformation appears on your credit history.
Read More →Can a Debt Collector Take Me to Court?
Written by Attorney Karra Kingston. Legally reviewed by Attorney Paige Hooper
Updated April 19, 2024
Yes, debt collectors can take you to court for unpaid debt. But this won’t be their first move. Debt collection agencies will first call you and send notices in the mail to try to collect on unpaid debt. It’s common for debt collectors to make several attempts over a period of many months to collect a debt before they decide to sue you.
Read More →What Happens if I Don’t Pay an Unsecured Loan?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated May 21, 2024
Unsecured debt is any debt that isn’t backed by collateral. The most common types of unsecured debt are credit card debt, student loans, personal loans, cash advances, medical debt, retail store accounts, and money borrowed from family or friends. If you default on unsecured debts, the lender can send your account to a collection agency, which can lead to stressful phone calls and notices, a lowered credit score, and more difficulty getting new credit in the future.
Read More →Credit Report Fraud
Written by Attorney Alexander Hernandez.
Updated August 5, 2020
Millions of people are victims of identity theft and other forms of credit report fraud each year. By carefully monitoring your credit and diligently rooting out credit report fraud, you can better ensure that, even if you’ve become a victim of fraud, your financial future will be protected.
Read More →Can You Remove Collection Accounts From Your Credit Report?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 30, 2023
If you have a debt sent to collections, it will be recorded on your credit report and hurt your credit score. Sometimes collections accounts are incorrectly reported or reported on old debt. If there are errors regarding collections accounts on your credit report, you have the legal right to dispute them and have them removed. This shouldn't cost you anything. You can also write a goodwill letter to ask the creditor or collection agency to remove the collections account from your report. This isn’t guaranteed to work, but it won’t hurt to ask. If the information about the collections account is correct and current, you can’t have it removed from your credit report. Be aware that so-called credit repair companies that offer to clean up your credit report for a fee may be a scam.
Read More →I Am Being Sued for a Credit Card Debt. Now What?
Written by Your Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated August 21, 2024
If you don’t make your credit card payments, the credit card company or collection agency will try to collect on the debt, but they can also bring a credit card lawsuit. If you get sued for credit card debt, it’s important to answer (reply to) the lawsuit. You should also ask the collection agency to verify the debt to ensure that you actually owe it and that they have the correct details about the debt amount. When you file your answer, you’ll include your defenses about why the debt collector shouldn’t win the case.
Read More →How To Dispute a Debt You Don’t Owe
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated October 10, 2023
If you’re contacted about a debt you don’t owe, you’ll want to dispute it with the creditor or debt collector. Often these consumer debts are also incorrectly reported to the three major credit bureaus, so you’ll want to check your credit report, too. You can also send a dispute letter to the credit bureaus asking them to remove incorrect information. Here are the four basic steps to dispute a debt you don’t owe: 1. Ensure the debt collector has validated the debt. 2. Send a dispute letter (or the tear-off portion of the debt validation letter, which allows you to easily start the dispute process). 3. Check your credit report and send a credit dispute letter or notices of dispute to any reporting agency with inaccurate information. 4. Follow up if/as needed until the matter is resolved.
Read More →What Can I Do if My Car Is Repossessed With My Personal Belongings In It?
Written by Mae Koppes. Legally reviewed by Attorney Andrea Wimmer
Updated January 24, 2025
If your car is repossessed with your personal belongings inside, you have the legal right to retrieve your items. Repo companies cannot keep or sell your personal property, and they generally can’t charge you a fee to collect your belongings unless you delay for an extended period. After repossession, the lender will send you a notice with details on how to retrieve your car and personal items.
Read More →How a Lawyer Can Help You With Car Repossession
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated April 5, 2024
Having your car taken back by a lender is understandably a terrible experience, and you might be wondering what your options are. Although there are steps you can take on your own, a lawyer knowledgeable about car repossession can help. Most importantly, they can explain the car repossession process and provide you with options specific to your situation. This article will explain how a lawyer can help you, what things lawyers cannot do in the event of a car repossession, and how to find a lawyer.
Read More →What Repossession Fees Mean For You
Written by Attorney Serena Siew. Legally reviewed by Jonathan Petts
Updated January 24, 2025
Repossession fees are what creditors pay to repossess your car. Towing, storage, and auction fees are common examples. If you’re delinquent on your car loan and your car is repossessed, those fees are passed on to you. Keep reading to find out more about repossession and what repossession fees mean for you.
Read More →California Repossession Law
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated April 5, 2024
California law permits cars to be repossessed after one late or missed loan payment. Cars may be repossessed after missed insurance payments as well. There is no legally required grace period, and the repossession company doesn’t have to give you notice that they are repossessing your car.
Read More →Help! I’m Being Sued For An Old Debt
Written by Lawyer John Coble.
Updated August 9, 2024
This article will discuss the ways to handle a debt collection lawsuit. You'll learn how to save time and money when defending against a debt collection matter and may even learn how to win the case.
Read More →Can You Remove Student Loans From Your Credit Report?
Written by Attorney Jenni Klock Morel.
Updated April 7, 2023
If the information about your student loan on your credit report is accurate, you can’t have that information removed. It will eventually drop off your credit report, and as it ages, it will impact your credit less and less. It can take 7–10 years for student loans to be erased from your credit report. Defaulted student loans take seven years to be removed from your credit report while paid-off student loans may stay on your report for 10 years.
Read More →Your Guide to Arizona’s Debt Collection Laws
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 30, 2025
In Arizona, most debt collectors must follow regulations set out in state and federal law. These laws were designed to increase transparency and fairness in the debt collection process. Arizona state law mirrors the many protections set out in the federal Fair Debt Collection Practices Act (FDCPA), which prohibits third-party debt collectors from harassing or deceiving you. If debt collectors violate the law, you can report them and sometimes even sue them for damages. The statute of limitations for credit card debt in Arizona is three years. It’s six years for medical debt.
Read More →The Judge in Small Claims Court Was Wrong. Can I Appeal?
Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 30, 2025
Unlike other types of lawsuits, not everyone has a right to appeal a small claims case. This article will explore how small claims appeals differ by state. It is important to understand how your state deals with small claims appeals specifically, as rules vary significantly from state to state.
Read More →What Are My Rights When a Debt Collector Is Threatening To Sue Me?
Written by Curtis Lee, JD.
Updated September 17, 2021
Being sued by a debt collector can be a scary thing, but you have rights that protect you from harrassment and abusive collection practices. These rights and the rules debt collectors must follow are outlined in the Fair Debt Collection Protections Act. Learn what they mean for you and how to respond to a debt collector that has violated these rules. Also, find out what steps you can take if a debt collector has filed a lawsuit against you.
Read More →Cancellation Of Debt & Related Pitfalls
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated May 15, 2023
If you have debts that you are unable to pay, bankruptcy is not your only option. You might be able to negotiate with your creditors to have some of your debt canceled. Learn what debt cancellation is, how it works, and forms of debt cancellation have to be declared as taxable income and which. Also find out which method of debt cancellation might work best for your situation.
Read More →What Is the Statute of Limitations for Debt?
Written by the Upsolve Team. Legally reviewed by Attorney Paige Hooper
Updated August 17, 2023
Statutes of limitations are state laws that limit the time a debt collector has to bring a lawsuit. After the statute of limitations has passed, debt collectors can still sue you, but the statute of limitations is a strong defense in a debt collection lawsuit. The length of these laws can vary tremendously by state and by the type of contract you made for the debt (oral, written, etc.).
Read More →How Debt Relief Works
Written by Attorney Paige Hooper.
Updated August 1, 2024
If you're struggling to keep up with the minimum payments or paying everything you can and not making a dent in the balances that you owe, there are several debt relief options available to help you eliminate your debt and move forward with your life. Read this article to learn the different types of debt relief available and how they work, the benefits and risks associated with each option, and which debt relief solution(s), if any, may be a good fit for your situation.
Read More →How Does The Repo Man Find Your Car?
Written by Attorney Thomas J. Pearson. Legally reviewed by Jonathan Petts
Updated December 13, 2024
Repossession happens when a lender takes back a car because the borrower has fallen behind on payments. Repo agents use personal details, social media, and tools like GPS trackers and license plate scanners to find vehicles. They can legally repossess cars from public spaces but cannot enter locked or gated private property. After repossession, the lender typically sells the car, and you may still owe a deficiency balance if the sale doesn’t cover the remaining loan and fees.
Read More →How To Pay Off Collections: A Complete Guide
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated April 19, 2024
Here's how to pay off a debt in collections: Step 1: Know Your Rights Step 2: Respond to the Debt Collector or Collection Agency Step 3: Verify the Debt Step 4: Check the Statute of Limitations in Your State Step 5: Review Your Budget & Make a Payment Strategy Step 6: Get Your Agreement in Writing Step 7: Check Your Credit Report If you're struggling to repay several debts, it may be time to look into Chapter 7 bankruptcy. Filing Chapter 7 stops all collections activities (thanks to the automatic stay) and can erase most types of consumer debt.
Read More →When Debt Collectors Break The Law: FDCPA Violations
Written by Natasha Wiebusch, J.D.. Legally reviewed by Attorney Paige Hooper
Updated April 12, 2024
The FDCPA is a federal law that protects debtors by preventing third-party debt collectors from engaging in harassment or unfair activities while trying to collect money. Here’s a list of the six most common violations of the FDCPA: - Attempting to collect debts you don’t owe - Sending written notifications with insufficient information about the debt - Taking or threatening to take legal action or other negative actions - Making false statements or misrepresenting themselves or the debt - Engaging in harassment (usually with repeated calls) or using abusive language - Threatening to contact a third party about your debt (such as a friend, family member, or employer) or to otherwise improperly share information about your debt publicly
Read More →Debt Relief: What Are the Options & How Do They Work?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 1, 2024
Being in debt is stressful, but did you know you have several options to address your debt and find financial security? The most common debt relief options are: 1. Debt management plans (DMPs), which are facilitated by nonprofit credit counselors for a small fee 2. Debt consolidation, which includes DMPs but can also be done by taking out a personal loan or doing a credit card balance transfer to a credit card offering 0% APR for a period of time 3. Debt settlement, which is where you negotiate a discount on your debt in collections 4. Bankruptcy, which is where you file paperwork with a court to get a financial fresh start by discharing credit card debt, medical bills, utility bills, personal loans, and payday loans
Read More →What You Need To Know About Georgia’s Debt Collection Laws
Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 28, 2025
If you’re a consumer in Georgia, the FDCPA is your best line of defense against unfair debt collectors, but it’s not the only law that can help. In this article, we’ll cover everything you need to know about what debt collectors in Georgia can and cannot legally do when trying to collect money.
Read More →How To Find Out Which Collection Agency You Owe
Written by Jonathan Petts. Legally reviewed by Ben Jackson
Updated January 24, 2025
If you have a debt that gets sent to collections, you may be confused about who you owe. To find out which collection agency you owe, you can contact the original creditor or check your credit report. If a collection agency has been in contact with you, ask them to verify the debt. Compare this information with the information on your credit report and your personal financial records so you don’t pay more than you owe or get scammed.
Read More →Know Your Rights Under Massachusetts Debt Collection Laws
Written by Attorney Kimberly Berson.
Updated July 30, 2021
Debt collection isn’t without limits. Federal laws and state laws protect consumers from abusive debt collection practices. Massachusetts debt collection laws offer significant protections to Massachusetts residents from the deceptive acts of debt collectors. This article outlines the rights of Massachusetts residents who are dealing with debt collectors.
Read More →What Is a Time-Barred Debt?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 30, 2023
A time-barred debt is one where the creditor has missed the deadline to legally bring a claim against you in court. Unfortunately, debt collectors may still try to contact you about old debts that are time-barred by the statute of limitations. But there are ways to deal with these debt collectors. Read this article to learn more about how to tell if your debt is covered by a statute of limitations and what to do if you’re contacted by a creditor that is trying to collect a time-barred debt.
Read More →How Maryland’s Debt Collection Laws Protect You
Written by Attorney Kimberly Berson.
Updated August 21, 2024
Debt collectors are allowed to collect, but they can’t do whatever they want to get you to pay. The federal Fair Debt Collection Practices Act protects you against unfair harassment from debt collectors. Maryland state law provides you with even more safeguards. Maryland regulates the conduct of anyone who is seeking to collect a debt, not just those who are in the business of debt collecting. Read more to learn how the Maryland Consumer Debt Collection Act can protect you from the abusive behaviors of debt collectors.
Read More →I’m Getting Collection Calls on Sunday. What Are My Rights?
Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated February 1, 2025
Unless and until you tell them otherwise, debt collectors can call you from 8 am to 9 pm local time on any day of the week, including Sunday. The good news is that federal law protects you against harassment and unfair treatment by debt collectors. The Fair Debt Collection Practices Act (FDCPA) empowers you to instruct a debt collector not to contact you on Sundays if you consider this an inconvenient time. If a debt collector doesn't honor your request, you can report them to the Consumer Financial Protection Bureau for violating the law.
Read More →California Debt Collection Laws
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated January 14, 2025
California has two important laws — the Rosenthal Act and the Debt Collection Licensing Act — that protect California residents against original creditor and third-party debt collector harassment and abuse. Californians also benefit from the federal Fair Debt Collection Practices Act, which offers many protections and gives you certain rights. The statute of limitations for most consumer debt is four years in California.
Read More →How To Sue Debt Collectors Who Break the Law
Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 28, 2025
The Fair Debt Collection Practices Act (FDCPA) prohibits harassment, abuse, and other behavior intended to bully debtors. If a debt collector is violating the FDCPA in their attempts to collect money from you, you have the right to sue them. In this article, we explain how to sue an abusive debt collector, what an FDCPA lawsuit can and cannot help you with, and what other options you have to stop communication from collectors.
Read More →The Florida Consumer Collection Practices Act
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated February 9, 2024
In Florida, you have even more protections from unfair collection practices than you would in other states. The Florida Consumer Collection Practices Act (FCCPA) works with the federal Fair Debt Collection Practices Act to help limit phone calls, threatening letters, and other types of unfair actions from collection agencies and other types of debt collectors. It protects Florida consumers and gives them the right to sue debt collectors that have violated the FCCPA. Keep reading to learn more about the Florida Consumer Collection Practices Act and your rights under federal and state consumer protection laws.
Read More →What Is a Debt Validation Letter and How Do You Get One?
Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 24, 2025
A debt validation letter is a letter that includes basic information about a debt someone is trying to collect from you. If a debt collector is trying to collect an unpaid debt, they’re required by law to send you a debt validation letter before contacting you or within five days of their first contact with you.
Read More →I Live in Washington State and Debt Collectors Are Calling
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated August 16, 2021
Washington state has two laws that protect you, the Consumer Protection Act (CPA) and the Collection Agency Act (CAA). The FDCPA is the minimum standard for states, but Washington’s laws increase the standards. It’s like having a low federal minimum wage and a higher state minimum wage. In this article, we’ll help you learn how Washington’s debt collection protection laws can help you stop debt collectors from calling.
Read More →609 Credit Dispute Letter: What It Is, How It Works + Free Template
Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 22, 2025
A 609 letter is a tool that helps you request information about items on your credit report and address errors. It’s named after Section 609 of the Fair Credit Reporting Act (FCRA), which allows consumers to access all data used to calculate their credit score. While 609 letters can’t remove verified or accurate debts, they can help uncover documentation issues that might support a formal dispute. The process requires persistence, as credit bureaus are obligated to respond to your request within 30–45 days but may not always provide adequate information on the first try. By drafting a clear 609 letter and following up as needed, you can take an important step toward repairing your credit and improving your financial health.
Read More →Illinois Debt Collection Laws
Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025
The land of Lincoln and home of the Chicago-style deep-dish pizza, the Obamas, and…unsavory and unscrupulous debt collectors? Yes, unfortunately for residents of the Prairie State, Illinois also happens to have a lot of debt collectors that have flourished due to favorable state laws. A debt collection agency in Illinois can sometimes be as cold as a Chicago winter.
Read More →Debt Collector Calling Family Members? Know Your Rights
Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 13, 2025
Debt collection agencies can contact family members or your place of work, but they have to be careful about what they ask about. They can't discuss your debt with any third parties. They’re really only supposed to call third parties if they can’t reach you or don’t have your contact information. These rights are spelled out under the Federal Fair Debt Collection Practices Act (FDCPA), which also protects you from debt collector harassment.
Read More →Help Yourself: Self-Reporting to the Credit Bureaus
Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 24, 2025
In many cases, self-reporting your account information and payment activity to the major credit bureaus is a smart way to bulk up your credit report and improve your credit score. Self-reporting payments, such as rent and utilities, benefits your credit by adding on-time payments that wouldn’t ordinarily appear on your credit report. In this article, you’ll learn what self-reporting is, how it works, what you can report, and how to decide whether self-reporting is a good option for you.
Read More →Debt Settlement Attorneys: How Can They Help?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated January 13, 2025
One way you can get debt relief is through debt settlement. A good debt settlement attorney can help you settle your debts. They should also be able to provide advice on other debt-relief options like debt consolidation, debt management, and bankruptcy. A debt settlement lawyer may be able to help you get a better overall settlement deal. Perhaps most importantly, they can help you avoid the stress of communicating with aggressive debt collectors. This article will explain debt settlement and the benefits of hiring a debt settlement attorney.
Read More →Does Colorado Law Protect Me From Debt Collectors?
Written by Attorney Tori Bramble.
Updated September 13, 2021
Collection agencies are required to follow federal and state laws when trying to collect a debt from you. Fortunately, all states are under the protection of the federal Fair Debt Collection Practices Act (FDCPA). The FDCPA is a debt collection law that protects you from intrusive and predatory collection agency practices such as calling you late at night, cursing at you, and trying to collect a debt you don’t owe. Some states, including Colorado, also have laws that provide additional protections for consumers from debt collectors. Here we’ll discuss the consumer protections available to Colorado residents under the Colorado Fair Debt Collection Practices Act (CFDCPA).
Read More →Ohio Vehicle Repossession Laws
Written by Mark P. Cussen, CMFC. Legally reviewed by Jonathan Petts
Updated January 24, 2025
If you take out a loan to buy a vehicle and you become unable to make the payments, then you run the risk of having your vehicle repossessed. Vehicle repossession laws are largely the same in all states, but some details governing borrowers’ and lenders’ rights differ from one state to another. Here we will examine Ohio’s laws and what you need to know if you live in Ohio and can’t make your payment or have already experienced vehicle repossession.
Read More →Debt Consolidation vs. Debt Settlement: A Comparison
Written by Natasha Wiebusch, J.D.. Legally reviewed by Jonathan Petts
Updated January 30, 2025
Both debt consolidation and debt settlement can help relieve the pressures of overwhelming debt, but they have different functions. Debt settlement reduces total debt by allowing a debtor to pay off a debt account for less than the total balance. Debt consolidation, on the other hand, reduces the number of lenders but doesn’t reduce the total amount of debt. Each option has its pros and cons. If you’re considering using either of them, you’ll want to know what those pros and cons are.
Read More →Debt Management Plan or Debt Settlement: Which Is Better?
Written by Curtis Lee, JD.
Updated January 30, 2025
If you have mostly credit card debt (or other unsecured debts), you can afford to make regular payments, and you're looking to rebuild your credit, a debt management plan might be the way to go. If you have unsecured debts that are already in collections, need a quicker solution, and are able to make a lump-sum payment, debt settlement could be a good option. Keep in mind: Every person’s situation is different, and it’s important to understand the positive and negative consequences of the debt relief option you ultimately choose.
Read More →How To Draft a Persuasive Debt Settlement Letter
Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 14, 2025
Many borrowers face challenges with personal debts. Luckily, there are many debt relief options. Debt settlement is one of the most advertised and for good reason. It’s often used for credit card debts and allows borrowers with unmanageable debt to pay off one or more debts for less than the full amount. The creditor then forgives the remaining debt. This may sound too good to be true, but it’s not. How well it works for you will depend on your financial situation and whether you choose to hire a debt settlement company to help you or do the debt settlement process yourself. This article will explain how to handle debt settlement on your own and how to write the best debt settlement letter possible.
Read More →How Does Debt Consolidation Work?
Written by Curtis Lee, JD.
Updated January 30, 2025
Debt consolidation allows you to simplify your debt repayment by combining multiple debts with a consolidation loan or debt management plan. This way you only have to make one monthly payment on the consolidated debt. Both consolidation options allow you to lower your interest rate and monthly payment, which also helps make your debt more manageable. This can help you make on-time payment and avoid missing payments.
Read More →Will a Car Repossession Keep You From Getting a Home Loan?
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated January 30, 2025
Repossession is one type of negative event on a credit report that can affect approval for any type of loan, especially a mortgage. While a repossession won’t directly prevent you from getting a mortgage loan, it won’t make it easy. Because everyone’s credit profile is different, it’s hard to predict the impact of a repo on anyone’s home loan application. This article will explain how a repossession can affect your credit history and how it affects getting approved for a mortgage loan.
Read More →Does Anyone Have a 300 Credit Score?
Written by Attorney Eric Hansen. Legally reviewed by Jonathan Petts
Updated January 30, 2025
There are people out there who have a 300 credit score, though this is fairly rare and a score this low would be the result of many significant negative items in a borrower’s credit history. The good news is that no matter where your score is now, you can work to improve it. This article will cover subprime credit scores and how to improve them.
Read More →The Home Ownership and Equity Protection Act (HOEPA)
Written by Attorney Todd Carney.
Updated September 29, 2023
Dealing with your mortgage likely always feels high stakes. The last thing you want is to jeopardize your home. Luckily, the Home Ownership and Equity Protection Act (HOEPA) protects Americans against abusive lending practices. This article will summarize these regulations and provide you with a clear understanding of what protections HOEPA offers.
Read More →Understanding a Bank Levy and What You Can Do if Your Account Is Frozen
Written by Attorney William A. McCarthy. Legally reviewed by the Upsolve Team
Updated December 13, 2024
If a creditor or debt collector sues you for an unpaid debt and they win, they may be able to get a court order for a bank levy. This allows them to take funds you owe directly from your bank account. Most creditors will have to jump through some legal hoops to do this, but some government agencies can levy your bank account without first getting a court order.
Read More →Free Foreclosure Lawyers: How To Deal With a Foreclosure Without Money
Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025
The majority of home mortgage foreclosures happen because homeowners don’t have enough money and stop making their mortgage payments. But many times borrowers have a legitimate defense against foreclosure. Or they’re willing to accept the foreclosure but could use some help in making sure their rights are protected during the foreclosure process. If you can't afford to pay for a foreclosure defense attorney, there are other options you can use to help you through a foreclosure proceeding. You can handle the foreclosure on your own, set up a free consultation with an attorney, contact a free legal aid society, or look for a pro bono lawyer.
Read More →Can a Creditor Levy Your Bank Account More Than Once?
Written by Attorney Todd Carney. Legally reviewed by Jonathan Petts
Updated January 24, 2025
A bank levy is a legal move that allows creditors to collect an unpaid debt by taking money directly from a borrower’s bank account. Creditors can continue to take money from your account until your debt is paid off. While your account can be levied more than once, you have options and rights., This article will educate you on how to be prepared for a levy and what your rights are.
Read More →Can Social Security Legally Check My Bank Account?
Written by Attorney Todd Carney. Legally reviewed by Jonathan Petts
Updated January 15, 2025
Many people wonder if the government can look inside their bank accounts, especially when applying for Social Security benefits. The short answer is yes, but only in certain situations. If you’re part of the Supplemental Security Income program, the Social Security Administration has the legal authority to review your financial information to ensure you meet eligibility requirements. This article will explain why and how the SSA conducts these reviews, what counts toward SSI eligibility limits, and how you can safeguard your benefits.
Read More →How To Get Out of a Car Title Loan Without Losing Your Car
Written by Chiara King. Legally reviewed by Jonathan Petts
Updated January 30, 2025
Car title loans offer quick cash by using your car as collateral, but their high interest rates and short repayment terms often lead to financial strain and even car repossession. If you’re struggling with a title loan, there are several ways to get out of it without losing your car, including paying off the loan with creative strategies, refinancing with a personal or payday alternative loan, or negotiating new terms with the lender. You can also seek guidance from an accredited credit counselor or explore bankruptcy as a potential solution. Chapter 7 bankruptcy may discharge the loan but often requires giving up the car, while Chapter 13 can help you keep your vehicle by reorganizing payments. Each option has pros and cons, so understanding your rights and exploring all alternatives can help you make the best decision for your situation.
Read More →What Debt Collectors Can, and Can’t, Do To Collect a Debt
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated July 7, 2023
The debt collection process can be confusing. You probably have many questions about what a debt collector can and can’t do. Luckily, there are debt collection laws designed to protect you from deceptive practices and misleading representations. This article will outline what debt collectors can and can’t do and teach you how to protect your rights.
Read More →Foreclosure Surplus Funds: What They Are & How To Claim Them
Written by Chiara King. Legally reviewed by Jonathan Petts
Updated January 2, 2025
When a homeowner falls behind on mortgage payments, the lender can foreclose on the property and sell it to recover the loan balance. If the property sells for more than what is owed, the homeowner/borrower may be entitled to claim the extra money, known as foreclosure surplus funds, after other debts and liens are paid. However, if the sale doesn’t cover the debt, the lender may pursue the borrower for the remaining balance in some states. In the case of a surplus, borrowers should act quickly to claim the funds, as deadlines apply, and they may need to file paperwork, provide proof of ownership, or attend a hearing to recover what they’re owed.
Read More →The Government Lawsuit Against Ocwen
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated November 15, 2021
Even after the multibillion-dollar settlement, Ocwen has continued to violate the law when servicing mortgage loans. As a result, some borrowers may still have reasons to make claims against Ocwen for unlawful practices related to their mortgage loans, including illegal foreclosures.
Read More →What Are Mini Miranda Rights?
Written by Attorney Paige Hooper. Legally reviewed by Jonathan Petts
Updated January 30, 2025
When a debt collector contacts you, they have to identify themselves as a collector and tell you they're trying to collect on a debt. This is sometimes called a "Mini Miranda” requirement. This requirement was created to prevent unfair questioning and practices in the debt collection process. These rights are updated occasionally to address new communication technologies.
Read More →How Do Deficiency Judgments Work in Florida?
Written by Curtis Lee, JD. Legally reviewed by Jonathan Petts
Updated January 30, 2025
When the sale price of an asset — like a home or car — is less than the debt owed to a lender, a deficiency balance arises. Florida law allows lenders to pursue deficiency balances from borrowers once a court grants them a deficiency judgment. But sometimes, borrowers are protected from collection efforts.
Read More →Your Rights After Your Lender Transfers Your Home Loan
Written by the Upsolve Team. Legally reviewed by Attorney Andrea Wimmer
Updated January 15, 2025
If your lender sells or transfers your home loan, you have the right to be notified. This transfer won't change the terms of your loan, but you need to know who your new mortgage holder or servicer is so you can avoid negative consequences like payment issues, late fees, or credit problems.
Read More →Can I Change My Mortgage Loan Servicer?
Written by Attorney Todd Carney.
Updated November 29, 2021
Borrowers cannot generally change their mortgage loan servicers unless they refinance. Even then, servicers may change at any time without a borrower's permission. It is important for homeowners to know their rights when it comes to dealing with mortgage servicers.
Read More →Do You Need a Predatory Lending Attorney?
Written by Attorney Eric Hansen.
Updated November 17, 2021
Predatory lenders get borrowers to agree to unfair or abusive loan terms. You can avoid getting into this situation by knowing common predatory practices and learning how to spot them when you’re shopping for a loan. If you or a loved one has been a victim of predatory lending, you can get an attorney to help you understand your options.
Read More →Can You Be Arrested and Put in Jail if You Don’t Pay Your Debts?
Written by Attorney Todd Carney. Legally reviewed by Attorney Paige Hooper
Updated January 13, 2025
You can’t be arrested or put in jail for not repaying consumer debts like credit cards or medical bills. But you can be sued, which sometimes leads to arrest or jail time. If you’re sued and don’t comply with the court requirements, like showing up for a debt examination, you can be arrested. You can avoid being arrested by complying with any court orders.
Read More →