Debt Collection FAQs: A Guide for Consumers

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f you’re behind in paying your bills, or a creditor’s records mistakenly make it appear that you 

are, a debt collector may be contacting you. 

The Federal Trade Commission 

(FTC), the nation’s consumer 

protection agency, enforces the Fair 

Debt Collection Practices Act 

(FDCPA), which prohibits debt 

collectors from using abusive, unfair, or 

deceptive practices to collect from you.

Under the FDCPA, a debt collector is someone 

who regularly collects debts owed to others. This 

includes collection agencies, lawyers who collect 

debts on a regular basis, and companies that buy 

delinquent debts and then try to collect them.

Here are some questions and answers about 

your rights under the Act.

What types of debts are covered?

The Act covers personal, family, and household 

debts, including money you owe on a personal 

credit card account, an auto loan, a medical bill, 

and your mortgage. The FDCPA doesn’t cover 

debts you incurred to run a business.

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Can a debt collector contact me any time or 

any place? 

No. A debt collector may not contact you at inconvenient times or places, such as before 8 in the 

morning or after 9 at night, unless you agree 

to it. And collectors may not contact you at 

work if they’re told (orally or in writing) 

that you’re not allowed to get calls there.

How can I stop a debt collector from 

contacting me?

If a collector contacts you about a debt, you may 

want to talk to them at least once to see if you can 

resolve the matter – even if you don’t think you owe 

the debt, can’t repay it immediately, or think that 

the collector is contacting you by mistake. If you 

decide after contacting the debt collector that you 

don’t want the collector to contact you again, tell 

the collector – in writing – to stop contacting you. 

Here’s how to do that:

Make a copy of your letter. Send the original 

by certified mail, and pay for a “return receipt” so 

you’ll be able to document what the collector received. Once the collector receives your letter, they 

may not contact you again, with two exceptions: a 

collector can contact you to tell you there will be no 

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further contact or to let you know that they or the 

creditor intend to take a specific action, like filing 

a lawsuit. Sending such a letter to a debt collector 

you owe money to does not get rid of the debt, 

but it should stop the contact. The creditor or the 

debt collector still can sue you to collect the debt. 

Can a debt collector contact anyone else 

about my debt?

If an attorney is representing you about the debt, 

the debt collector must contact the attorney, rather 

than you. If you don’t have an attorney, a collector may contact other people – but only to find 

out your address, your home phone number, and 

where you work. Collectors usually are prohibited 

from contacting third parties 

more than once. Other than to 

obtain this location information 

about you, a debt collector 

generally is not permitted to 

discuss your debt with anyone 

other than you, your spouse, or 

your attorney.

What does the debt collector have to tell me 

about the debt? 

Every collector must send you a written “validation notice” telling you how much money you 

owe within five days after they first contact you. 

This notice also must include the name of the 

creditor to whom you owe the money, and how to 

proceed if you don’t think you owe the money. 

Can a debt collector keep contacting me 

if I don’t think I owe any money? 

If you send the debt collector a letter stating that 

you don’t owe any or all of the money, or asking 

for verification of the debt, that collector must 

stop contacting you. You have to send that letter 

within 30 days after you receive the validation 

notice. But a collector can begin contacting you 

again if it sends you written verification of the 

debt, like a copy of a bill for the amount you owe.

What practices are off limits for debt 

collectors?

Harassment. Debt collectors may not harass, 

oppress, or abuse you or any third parties they 

contact. For example, they may not:

•	 use threats of violence or harm;

•	 publish a list of names of people who refuse to

pay their debts (but they can give this information to the credit reporting 

companies);

•	 use obscene or profane

language; or

•	 repeatedly use the phone

to annoy someone.

False statements. Debt collectors may not lie when 

they are trying to collect a debt. For example, 

they may not:

•	 falsely claim that they are attorneys or

government representatives;

•	 falsely claim that you have committed a

crime;

•	 falsely represent that they operate or work

for a credit reporting company;

•	 misrepresent the amount you owe;

•	 indicate that papers they send you are legal

forms if they aren’t; or

•	 indicate that papers they send to you aren’t

legal forms if they are.

Debt collectors may 

not harass, oppress, or 

abuse you or any third 

parties they contact.

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Debt collectors also are prohibited from 

saying that:

•	 you will be arrested if you don’t pay your debt;

•	 they’ll seize, garnish, attach, or sell your property or wages unless they are permitted by law 

to take the action and intend to do so; or

•	 legal action will be taken against you, if doing

so would be illegal or if they don’t intend to 

take the action.

Debt collectors may not:

•	 give false credit information about you to 

anyone, including a 

credit reporting 

company;

•	 send you anything that

looks like an official document from a court 

or government agency if it isn’t; or

•	 use a false company name.

Unfair practices. Debt collectors may not engage 

in unfair practices when they try to collect a debt. 

For example, they may not:

•	 try to collect any interest, fee, or other charge

on top of the amount you owe unless the 

contract that created your debt – or your state 

law – allows the charge;

•	 deposit a post-dated check early;

•	 take or threaten to take your property unless it

can be done legally; or

•	 contact you by postcard.

Can I control which debts my payments 

apply to? 

Yes. If a debt collector is trying to collect more 

than one debt from you, the collector must apply any payment you make to the debt you select. 

Equally important, a debt collector may not apply 

a payment to a debt you don’t think you owe.

Can a debt collector garnish my bank 

account or my wages?

If you don’t pay a debt, a creditor or its debt collector generally can sue you to collect. If they win, 

the court will enter a judgment against you. The 

judgment states the amount of money you owe, 

and allows the creditor or 

collector to get a garnishment order against you, 

directing a third party, 

like your bank, to turn 

over funds from your 

account to pay the debt. 

Wage garnishment happens when your employer withholds part of your compensation to pay your 

debts. Your wages usually can be garnished only as 

the result of a court order. Don’t ignore a lawsuit 

summons. If you do, you lose the opportunity to 

fight a wage garnishment.

Can federal benefits be garnished?

Many federal benefits are exempt from garnishment, including: 

•	 Social Security Benefits

•	 Supplemental Security Income (SSI) Benefits

•	 Veterans’ Benefits

•	 Civil Service and Federal Retirement and

Disability Benefits

•	 Service Members’ Pay

•	 Military Annuities and Survivors’ Benefits

•	 Student Assistance

•	 Railroad Retirement Benefits

Can a debt collector garnish my 

bank account or my wages?

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•	 Merchant Seamen Wages

•	 Longshoremen’s and Harbor Workers’ Death

and Disability Benefits

•	 Foreign Service Retirement and Disability

Benefits

•	 Compensation for Injury, Death, or

Detention of Employees of U.S. Contractors 

Outside the U.S.

•	 Federal Emergency Management Agency

Federal Disaster Assistance

But federal benefits may be garnished under 

certain circumstances, including to pay delinquent taxes, alimony, child support, or student 

loans. 

Do I have any recourse if I think a debt 

collector has violated the law? 

You have the right to sue a collector in a state or 

federal court within one year from the date the 

law was violated. If you win, the judge can require 

the collector to pay you for any damages you can 

prove you suffered because of the illegal collection 

practices, like lost wages and medical bills. The 

judge can require the debt collector to pay you up 

to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed 

for your attorney’s fees and court costs. A group 

of people also may sue a debt collector as part 

of a class action lawsuit and recover money for 

damages up to $500,000, or one percent of the 

collector’s net worth, whichever amount is lower. 

Even if a debt collector violates the FDCPA in 

trying to collect a debt, the debt does not go away 

if you owe it.

What should I do if a debt collector sues me?

If a debt collector files a lawsuit against you to collect 

a debt, respond to the lawsuit, either personally or 

through your lawyer, by the date specified in the court 

papers to preserve your rights. 

Where do I report a debt collector for an 

alleged violation?

Report any problems you have with a debt collector

to your state Attorney General’s office (www.naag.org) 

and the Federal Trade Commission (www.ftc.gov). 

Many states have their own debt collection laws that 

are different from the federal Fair Debt Collection 

Practices Act. Your Attorney General’s office can help 

you determine your rights under your state’s law.

For More Information

To learn more about debt collection and other 

credit-related issues, visit www.ftc.gov/credit and 

MyMoney.gov, the U.S. government’s portal to 

financial education.

The FTC works for the consumer to prevent 

fraudulent, deceptive, and unfair business practices 

in the marketplace and to provide information to 

help consumers spot, stop, and avoid them. To file 

a complaint or to get free information on consumer 

issues, visit ftc.gov or call toll-free, 1-877-FTC-HELP

(1-877-382-4357); TTY: 1-866-653-4261. The FTC

enters consumer complaints into the Consumer Sentinel Network, a secure online database and investigative tool used by hundreds of civil and criminal law 

enforcement agencies in the U.S. and abroad.

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For The Consumer Federal Trade Commission

www.ftc.gov 1-877-ftc-help

Federal Trade Commission

Bureau of Consumer Protection

Division of Consumer and Business Education