How To Sue Debt Collectors Who Break the Law

Can You Sue Debt Collectors for Harassment?

Yes, you have the right to sue a debt collector if they violate the Fair Debt Collection Practices Act (FDCPA). This federal law protects consumers from abusive, deceptive, or unfair debt collection practices. If a debt collector is harassing you — by calling repeatedly, using abusive language, or making false threats — you may be able to take legal action.

How Long Do You Have To Sue a Collector for FDCPA Violations?

If you want to sue a debt collector, you must file your case within one year from the date they violated the FDCPA. If you miss this deadline, you lose your right to sue.

What Can You Recover From an FDCPA Lawsuit?

If you win your lawsuit, the debt collector may have to pay you actual damages. This can include:

• Medical bills related to stress or anxiety caused by harassment

• Lost wages if the harassment caused you to miss work

• Emotional distress damages

• Wage garnishments that were collected because of the collector’s violations

• Other financial losses caused by the collector’s misconduct

You may also be awarded:

• Up to $1,000 in statutory damages, even if you didn’t suffer financial harm

• Attorney fees and court costs, which means you may not have to pay out of pocket for legal representation

How To Sue Debt Collectors Who Break the Law

Many people choose to sue debt collectors in state or federal court. Some states have additional consumer protection laws, so filing in state court may allow you to include state law claims. However, federal courts are generally more experienced with FDCPA cases, so some people choose to file there instead. If you file in state court, the debt collector may request to transfer the case to federal court.

Do You Need a Lawyer To Sue a Debt Collector?

You don’t have to hire a lawyer to sue a debt collector, but having legal representation can make the process easier. 

A lawyer can:

• Handle court paperwork and communications

• Provide legal advice on your case

• Represent you in court

If you're worried about legal fees, some attorneys handle FDCPA cases on a contingency fee basis. This means they only get paid if you win the case. The debt collector may also have to pay your attorney’s fees if you win.

If you’re looking for an attorney, search for one who has experience with FDCPA lawsuits. These lawyers are sometimes called consumer debt attorneys, consumer protection attorneys, or debt collection harassment lawyers.

How To Build a Strong Case Against a Debt Collector

If you’re planning to sue, keeping good records is crucial. 

Here’s what can help your case:

• Save all communication: Keep copies of letters, emails, text messages, and voicemails from the debt collector.

• Document phone calls: Write down the date, time, and what was said. Depending on your state’s laws, you may be able to record calls as evidence.

• Send letters via certified mail: This provides proof that the collector received your request.

• Back up your records: Take photos or screenshots of messages and save them in a secure location.

Other Ways To Stop Harassment From Debt Collectors

If you don’t want to sue, you still have options:

• File a complaint with the Federal Trade Commission (FTC)

• File a complaint with the Consumer Financial Protection Bureau (CFPB)

• Report the collector to your state attorney general

• Send a cease-and-desist letter

• Consider filing for bankruptcy 

The FTC and CFPB are federal government agencies that enforce debt collection laws. Your state attorney general can help enforce state consumer protection laws.

Under the FDCPA, you can request that a debt collector stop contacting you in writing. Upsolve has a free cease-and-desist letter template you can use to get started.

If several debt collectors are contacting you, this may be a sign that your debt has gotten unwieldy. If so, you may want to consider debt relief options like a debt management plan or Chapter 7 bankruptcy. If you choose to file bankruptcy, it triggers an automatic stay, which immediately stops debt collection efforts, including phone calls, letters, and lawsuits.

What Are Your Rights Under the FDCPA?

The FDCPA is a federal law that limits what a debt collector can do while attempting to collect money from you. 

📌The FDCPA only applies to third-party debt collectors — not the original creditor. If your credit card company or loan provider is harassing you, different laws may apply. Some states have laws against creditor harassment, so check your state’s consumer protection rules.

So, what rights do you have under the FDCPA?

Communication Rights

• You have the right to not be contacted at unusual times or at times that they know are inconvenient for you. Specifically, debt collectors can’t contact you before 8:00 a.m. or after 9:00 p.m.

• You have the right to not be contacted at work if the debt collector knows you can’t take calls from them at work.

• You have the right to not be contacted by a debt collector if you send them a written request to stop all contact.

• You have the right to NOT be harassed by debt collectors. Harassment can include using profane language, name-calling, calling repeatedly even when you don’t answer, or threatening to arrest you.

• Debt collectors cannot use abusive, unfair, or deceptive practices while trying to collect on a debt.

• Debt collectors must contact your attorney, not you, as soon as they know you are being represented by an attorney.

Validation of Debt Rights

Verifying that the debt is valid is very important. To verify the debt, collectors must provide the following information in a validation letter:

• The name of the creditor.

• The total debt owed to that creditor

• Your right to dispute the debt within 30 days

The FDCPA is the most comprehensive consumer protection law that regulates third-party debt collection agencies’ activities. It applies to various kinds of debt, including student loans, personal loans, and credit card debt.

What an FDCPA Lawsuit Can’t Do

Winning an FDCPA lawsuit can help you recover damages, but it won’t erase your debt. You’ll still owe the money unless:

• The debt is too old to be legally collected (past the statute of limitations)

• You negotiate a settlement with the creditor

• You file for bankruptcy and the debt is discharged

Before taking any action, it’s important to verify that the debt is valid and actually belongs to you. Under the FDCPA, you have the right to request debt validation, which requires the collector to provide proof of the amount of money you owe and details about the original creditor. If they can’t verify the debt, they must stop collection efforts. This step can help you avoid paying a debt that isn’t yours or one that a collector can’t legally enforce.

🔹 If you’re considering Chapter 7 bankruptcy and you have a simple case, you may be eligible to use Upsolve’s free filing tool. If you don’t qualify, we can connect you with an attorney to get a free consultation.

Let’s Summarize...

The Fair Debt Collection Practices Act (FDCPA) protects you from abusive, deceptive, and unfair practices in the collection process. If a debt collector violates the law, you have the right to take legal action and may be able to recover damages by suing them. To improve your chances of success, it’s important to keep detailed records of their behavior and stay organized throughout the process.