Debt collectors love to act tough by calling you at the worst times, leaving intimidating voicemails, and pretending they have more power than they actually do. The truth is that owing money doesn’t mean you have to become someone’s punching bag, and you shouldn’t have to deal with harassment. Debt collection is a regulated industry, and the law provides you with more protection than you may realize.
Here’s a walkthrough of what debt collectors don’t want you to know so you can maintain control of your life and your peace.
1. The FDCPA gives you power
Debt collectors rely on you not knowing your rights so they can intimidate you into agreements that may not even be in your best interests. The Fair Debt Collection Practices Act (FDCPA) was created to stop debt collectors from harassing, lying, and intimidating people. This act protects you from calls at unreasonable hours, threats, abusive language, and fake legal claims.
Law firms fight these violations every day to help consumers enforce their rights, and if you’re getting harassed by a debt collector, it’s worth contacting an attorney. The Consumer Financial Protection Bureau (CFPB) receives more than 400,000 complaints every year, and debt collection complaints are at the top of that list. In 2023 alone, it received 109,000 debt collection complaints.
- Know what harassment means legally. Debt collectors can’t scream, shame, insult, or threaten you with jail. If a phone call feels more like intimidation than a conversation, that’s a red flag.
- Know the rules around contact. Debt collectors can’t call you before 8 a.m. or after 9 p.m., and they can’t call you at work if you tell them not to.
- Force collectors to communicate in writing. It’s crucial to request written communication to have a solid record so they can’t lie later on.
Debt collectors sound powerful until you know the law. Once you know your rights, you’ve got the upper hand.
2. You can demand proof that the debt is real
Under federal law, a debt collector must prove the debt belongs to you and that they have the right to collect it. When filing a complaint about debt collectors, nearly two-thirds of consumers report that a debt is not theirs, while others report the debt was paid, incurred by identity theft, or was discharged in bankruptcy.
How to request debt verification
- Request validation in writing. You have the right to demand the original creditor name, the amount owed, and proof that the agency legally owns the debt. If they can’t provide all of that information, they have to stop contacting you.
- Watch for wrong balances on old accounts. Errors happen constantly, and expired debts are sometimes resurrected by collectors. Keep an eye out for these issues.
- Never pay or promise until you verify. A single payment of just five dollars can reset the statute of limitations in some states. Consult an attorney before offering to pay anything.
Collectors sometimes bluff, so it’s essential for you to force them to prove everything.
3. You can shut down harassing calls
You don’t have to tolerate harassing phone calls. You can end them for good when you follow the right steps. If you don’t think you owe the debt, you can send a cease-and-desist letter to stop calls and messages. After that, a collector can only contact you to confirm they’re stopping or to inform you they’re filing a lawsuit.
If you choose to shut down calls, document everything and save all of your voicemail recordings, preferably on an additional device so they don’t get deleted. It can help to record your live calls, but first, check with an attorney to find out your state’s laws on recording phone calls. If you need to get their consent, do exactly what they do – inform them at the beginning of the call that it is being recorded and ask them to consent. If they don’t consent, take notes on everything they say.
4. Always ask for verification for legal claims
A debt collector can’t threaten lawsuits they don’t intend to file. If you’re told they’re going to take any kind of legal action, request proof. Demand the case number, and if they backtrack, you’ll know it’s an empty threat.
Knowledge is power
Debt collectors often rely on intimidation tactics, and that’s illegal. When you know your rights, you won’t feel obligated to answer every call or believe every threat. If a collector crosses the line, document every communication, assert your rights, and talk to an attorney if the situation crosses the line into harassment.
