Under 15 U.S.C. § 1692 (the Fair Debt Collection Practices Act - FDCPA), you have rights to stop abusive, deceptive, and unfair debt collection, including controlling communication times/places (generally 8 a.m. to 9 p.m.), preventing contact at work if prohibited, forcing collectors to stop contacting you if you send a written cease-and-desist (except to confirm they're stopping or taking legal action), and prohibiting false statements or harassment. Collectors must also respect communication through your attorney and can only discuss the debt with limited third parties, primarily to find you.
The Fair Debt Collection Practices Act (FDCPA) (15 USC 1692 et seq.), which became effective in March 1978, was designed to eliminate abusive, deceptive, and unfair debt collection practices.
The Fair Debt Collection Practices Act (FDCPA) prohibits two key things: harassing or abusing consumers (like threatening violence or calling repeatedly to annoy) and using false or misleading statements (such as pretending to be a government official or misrepresenting the debt's amount or legal status). Debt collectors also cannot engage in unfair practices, like collecting unauthorized fees or contacting you at inconvenient times.
Debts are sold all the time. There is nothing wrong or illegal that would prevent the owner and holder of a debt to sell it to a third-party and they could sue to enforce it.
Debt collectors must prove three key things: that the debt is yours, that the amount is correct and that they have the right to collect it. If they can't, they're not allowed to continue pursuing you for payment.
The "777 rule" in debt collection, also known as the 7-in-7 rule, is a CFPB regulation (Regulation F) limiting calls: collectors can't call more than 7 times in 7 days for a specific debt, nor call within 7 days of a conversation about that debt. It aims to prevent harassment, applying to calls, texts, and emails, though exceptions exist, and the presumption of compliance can be rebutted by aggressive call patterns like rapid succession or highly concentrated calls.
Here are five ways you can win your debt collection lawsuit:
Yes, you generally still have to pay a debt after it's sold to a collection agency, as the obligation to repay usually transfers with the debt, but you have crucial rights, like disputing it and demanding validation within 30 days, and the collector must follow federal laws (FDCPA), meaning you can negotiate payment, settle for less, or even challenge it if it's inaccurate or time-barred.
Are debt collectors persistently trying to get you to pay what you owe them? Use this 11-word phrase to stop debt collectors: “Please cease and desist all calls and contact with me immediately.” You can use this phrase over the phone, in an email or letter, or both.
5 Things Debt Collectors Don't Want You to Know
A person commits deceptive practice when he or she has the intent to defraud another person and does any of the following: Knowingly causes another person, by threat or deception, to execute a document, which disposes the victim of a property or incurs a pecuniary obligation.
In most cases, verification should include, at minimum: the amount of the debt, the date of the debt, and the name and contact information of the original creditor. If you contest the debt on grounds of identity theft or mistaken identity, verification should include a copy of the original signed contract or note.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
The FDCPA's statute of limitations says that suits must be filed within one year of "the date on which the violation occurs." 15 U.S.C. § 1692k(d). Despite that clear statutory text, some courts had interpreted that limitations period to begin running only once the violation is (or reasonably should be) discovered.
The "777 rule" in debt collection, also known as the 7-in-7 rule, is a CFPB regulation (Regulation F) limiting calls: collectors can't call more than 7 times in 7 days for a specific debt, nor call within 7 days of a conversation about that debt. It aims to prevent harassment, applying to calls, texts, and emails, though exceptions exist, and the presumption of compliance can be rebutted by aggressive call patterns like rapid succession or highly concentrated calls.
To get rid of debt collectors without paying, you can send a formal "cease and desist" letter to stop communication (except for lawsuits), dispute the debt in writing if you believe it's inaccurate or too old (beyond the statute of limitations), or file complaints with the CFPB or FTC if they violate Fair Debt Collection Practices Act (FDCPA) rules, but bankruptcy is a last resort for overwhelming debt, as legal options focus on stopping collection tactics, not automatically erasing valid debts.
Bankruptcy generally does not cover debts like child support, alimony, most taxes (especially recent ones), student loans (unless undue hardship proven), court fines, restitution, and debts from fraud or drunk driving, plus debts not listed on the petition or incurred for luxury goods shortly before filing. These non-dischargeable debts remain even after bankruptcy, meaning you're still responsible for paying them, notes.
Bankruptcy. Bankruptcy is another debt solution that can clear your debts fast. Eligible debts will be cleared when you are discharged from bankruptcy, for most people this will be after 12 months. Bankruptcy could be a good option if you have a large amount of debt and own assets of limited value.
So, if you want to bypass a debt collector, contact your original creditor's customer service department and request a payment plan. They may be willing to resume control of your account and put you on a flexible repayment plan.
Getting sued for a debt is stressful — but ignoring a debt lawsuit can make a bad situation much worse. If you don't respond, the creditor can win automatically, and that judgment can lead to wage garnishment, frozen bank accounts, liens on your property, and long-term credit damage.