Ready to say goodbye to student loan debt for good? Learn More
X
2020 Best Invention

How To Protect Yourself From Debt Collector Harassment

Upsolve is a nonprofit tool that helps you file bankruptcy for free. Think TurboTax for bankruptcy. Get free education, customer support, and community. Featured in Forbes 4x and funded by institutions like Harvard University so we'll never ask you for a credit card. Explore our free tool


In a Nutshell

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.

Written by Attorney Alexander Hernandez
Updated July 13, 2023


What Is a Debt Collector?

A debt collector as an individual or business whose job it is to collect money from people who owe money to a creditor. If you owe money to a creditor — usually a bank or financial institution — your debt may be sold to a third party known as a debt collector. These collectors conduct collection activities, but they do not have the right to harass you in the process.

When Can a Debt Collector Contact Me?

The debt collector can contact you by phone initially. Remember, that most phone calls are recorded, so be careful what you say. The Consumer Financial Protection Bureau (CFPB) recommends that you be careful about providing personal information. It also says not to “apologize or admit to owing the debt,” because “those statements could be used against you.”

After the initial communication, the debt collector has to send you a written notice within five days. The letter should include the amount of the debt you owe and the account number associated with the debt. It should also inform you that you have 30 days to dispute the debt, in part or in full. 

If you’re disputing the debt, request verification of the debt and the contact information of the original creditor. If the debt belonged to another debt collector or agency previously, request their contact information as well. Once the debt collector receives your request, they have 30 days to comply. If the collection agency fails to comply with these requirements, send a letter stating that. It’s important to keep a paper trail of your communication.

What Rights Do You Have Regarding Debt Collectors?

While it’s a debt collector's job to contact you to collect the debt you may owe, they do not have the right to harass you. 

The Fair Debt Collections Practices Act (FDCPA), is a federal law designed to protect you against debt collectors who use illegal tactics to collect on a debt. The FDCPA protects you in the following ways:

  • It restricts when debt collectors can call you — they can’t call early in the morning or late at night

  • It allows you to tell debt collectors not to call you at work

  • It prevents debt collectors from using threats of violence or profane language

  • It prohibits debt collectors from talking about your debt with friends, family members, or employers

  • It requires debt collectors to properly identify themselves when contacting you

If a debt collector violates the FDCPA, you can submit a complaint to the Consumer Financial Protection Bureau (CFPB), and you may be able to sue the debt collector.

Debt Collectors Can’t Call You at  Certain Times

Collection agencies can only call you between the hours of 8 a.m. and 9 p.m., based on the time zone you live in. If the debt collection agency is calling you outside of those hours, that’s a violation of the FDCPA and is considered harassment. 

A debt collector can initially call you at work but if you make it clear to the debt collector that you aren’t allowed to receive personal phone calls at work, under FDCPA they have to stop. Of course, the collection agency is then allowed to call you after work hours, up till 9 p.m., but repeated calls can’t be made if the intent is to annoy, abuse, or harass you.  

Debt Collectors Can’t Threaten You or Using Harassing Language

Using threats of violence or obscene and profane language also violates the FDCPA. There is a difference between a debt collector communicating with you to settle your debt and harassing you. If the collector's intent is to annoy, abuse, or harass you, they are breaking the law.

Debt Collectors Can’t Discuss Your Debt With Third Parties

While a collector or collection agency can contact your friends, family, or employer, they cannot discuss details of your debt with them. Debt collectors are limited in what they can say to third parties they contact. 

Also, if the debt collector knows you hired an attorney, they are not allowed to contact you directly unless your attorney has failed to reply to their requests within a reasonable amount of time. 

Debt Collectors Can’t Misrepresent Themselves

When contacting you, a debt collector has to truthfully identify themselves and their intentions. Any false, deceptive, or purposefully misleading representation by a debt collector is in violation of the FDCPA. It’s also illegal to misrepresent the amount of debt you owe. This is why it’s always a good idea to request a debt validation letter if you haven’t already received one.

What if a Creditor Is Harassing You?

If the debt is still with the original creditor — meaning it hasn’t been sold to a third-party collector — the FDCPA doesn’t typically apply. That said, original creditors can’t use unfair, deceptive, and/or abusive collection practices. 

If you are a victim of creditor harassment, then you can file a complaint with the Consumer Financial Protection Bureau (CFPB.) The CFPB is a consumer protection agency. It helps consumers with issues related to financial institutions such as (banks and lenders) and the products they offer (mortgages, credit cards, and student loans). 

Upsolve User Experiences

1,492+ Members Online
Dominga Carrasquillo
Dominga Carrasquillo
★★★★★ 4 days ago
The process was so smooth. Thank you upsolve. 😊
Read more Google reviews ⇾
Paula Goodson
Paula Goodson
★★★★★ 4 days ago
Great service. Made everything run smoothly.
Read more Google reviews ⇾
Brandy Jones
Brandy Jones
★★★★★ 7 days ago
This process was so easy and efficient. If you have a simple Chapter 7, I'd recommend Upsolve without question.
Read more Google reviews ⇾

How To Deal With Debt Collectors — Document, Document, Document

Documentation is very important when it comes to interacting with debt collectors! Here are three best-practices:

  • Keep copies of all written correspondence sent or received

  • Keep a call log with dates, times, and topics of phone calls received or made

  • Request debt verification letters and copies of any agreements made with debt collectors or original creditors

Keep Written Notices You Receive or Send

Keep a file to organize any documents—like written notices — that you send or receive. Also, take care in how you send written notices. Mail them via certified mail and with a return receipt requested. This will help you prove that the debt collector received your communication. Always keep a copy of the letter for your own records. 

Keep a Call Log

Keep a call log to track the dates and times of all phone calls.  Write down what you spoke about as well. If you used your cell phone, take a screenshot of the phone call as proof. Always write down the name of the creditor or agent you spoke to. Request written notice of any agreements you made via phone.

Ask for a Debt Verification Letters & Details About the Debt

You can request copies of any agreements between your original creditor and the debt collector to confirm they have authority to collect on the debt. Even though the debt collector will advise you of the outstanding balance, request an itemized statement to compare it to the balance with the original creditor. The itemized statement should show if late charges were applied and the interest rate.

If the creditor isn’t able to verify the debt, they cannot continue to try to collect it from you! If that debt appears on your credit report, you have the right to request its removal. If you don’t have it removed, it will hurt your credit score. If they fail to comply, that’s a violation of the Fair Credit Reporting Act (FCRA). Notify the collection agency of any violations in writing. 

How Do You Report Debt Collector Harassment?

Remember, the FDCPA is there to protect you from debt collectors who are violating the law. If you believe a debt collector has violated the FDCPA, file a complaint with the Federal Trade Commission (FTC), which enforces the FDCPA. You can also file a complaint with the CFPB

If the debt collector continues to violate the FDCPA, consider taking legal action. You don’t have to hire an attorney to do this, but it may be helpful. If you win, you may be compensated with money damages and have your attorney’s fees covered.

Can I Sue a Debt Collector for Harassment? 

If you believe the debt collector has violated the law, consider speaking to an attorney about it. Many FDCPA lawyers assist clients on a contingency basis, meaning you don’t have to pay the attorney fees unless you receive money from the action. 

You must file a lawsuit within one year of the violation to comply with the statute of limitations. Check your state laws to know your time frame. You can also file a complaint with your state attorney general.

How Can I Get on Top of My Debt and Put a Stop to the Debt Collector Calls? 

Dealing with debt is stressful, and debt collectors only add to that. While there are ways to put an end to their unfair practices, remember that stopping the harassment doesn’t stop collection efforts. The only way to stop collection efforts is to get on top of your debt. 

If you’ve tried to manage your debt, but you feel like you can’t get it under control, you may want to consider filing bankruptcy. Filing Chapter 7 or Chapter 13 provides immediate protection against debt collection through the automatic stay. Bankruptcy is a powerful legal tool that was designed to get people a financial fresh start. Upsolve helps individuals file Chapter 7 for free, without the help of a lawyer. Use our free screener to get started.



Written By:

Attorney Alexander Hernandez

LinkedIn

Since graduating from Nova Southeastern School of Law in 1999, Alexander Hernandez has focused a majority of his law practice on bankruptcy law. He was a founding partner of the South Florida Bankruptcy Center which focused exclusively on Chapter 7 and Chapter 13 bankruptcies. Al... read more about Attorney Alexander Hernandez

It's easy to get help

Choose one of the options below to get assistance with your bankruptcy:

Free Web App

Take our screener to see if Upsolve is right for you.

Take Screener
12,662 families have filed with Upsolve! ☆
or

Private Attorney

Get a free bankruptcy evaluation from an independent law firm.

Find Attorney

Learning Center

Research and understand your options with our articles and guides.

Go to Learning Center →

Already an Upsolve user?

Read Support Articles →
Y-Combinator

Upsolve is a 501(c)(3) nonprofit that started in 2016. Our mission is to help low-income families who cannot afford lawyers file bankruptcy for free, using an online web app. Our team includes lawyers, engineers, and judges. We have world-class funders that include the U.S. government, former Google CEO Eric Schmidt, and leading foundations. It's one of the greatest civil rights injustices of our time that low-income families can't access their basic rights when they can't afford to pay for help. Combining direct services and advocacy, we're fighting this injustice.

To learn more, read why we started Upsolve in 2016, our reviews from past users, and our press coverage from places like the New York Times and Wall Street Journal.