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    Debt Collector Rights

    You have rights. Don't be intimidated.

    FDCPA protections

    • Federal Fair Debt Collection Practices Act.
    • Collectors CAN'T call before 8am or after 9pm.
    • CAN'T threaten arrest or legal action they can't take.
    • CAN'T harass, swear, or use abusive language.
    • CAN'T tell employer or family.
    • CAN'T garnish Social Security (federal protections).
    • If they violate — sue for $1,000+ damages.

    Validate the debt FIRST

    • Within 30 days of first contact — request validation in writing.
    • Sample letter at consumerfinance.gov.
    • Send certified mail.
    • They MUST prove the debt is yours + amount correct.
    • Many can't prove — debt sold many times.
    • They must stop collection until validated.

    Protected income

    • Social Security — generally can't be garnished by private collectors.
    • VA benefits — protected.
    • Federal pensions — protected.
    • SSI — fully protected.
    • EXCEPTION — federal debts (taxes, student loans) CAN garnish Social Security.
    • Keep protected funds in separate bank account.
    • Tell bank these are SS deposits — they may protect.

    Stop the calls

    • Send written "cease & desist" letter.
    • They can only contact you to confirm receipt or lawsuit.
    • Sample letter at CFPB.
    • Send certified mail with return receipt.
    • Keep records of every call.
    • Doesn't make debt go away — but stops harassment.

    Negotiate down

    • Old debts often negotiable to 20-50% of amount.
    • Get any settlement IN WRITING before paying.
    • Pay by check (NOT direct from bank account).
    • Get "paid in full" written confirmation.
    • Ask for "deletion" from credit report.
    • Statute of limitations — old debts may be uncollectable (varies by state, 3-6 years usually).

    Report violations

    • CFPB — consumerfinance.gov/complaint. Free.
    • FTC — reportfraud.ftc.gov.
    • State Attorney General — most active on this.
    • FDCPA violations — sue for damages + lawyer fees.
    • NACA — naca.net. Free directory of consumer attorneys.
    • Many take cases on contingency (no upfront cost).

    Don't pay scams

    Common scam: caller demands cash for "old debt." If unfamiliar — DON'T PAY. Demand validation. Most are scams or expired debts. Never pay by gift card / wire / Venmo. Real collectors accept check + give written validation. Hang up if pressure tactics. Call your bank. Free help: NCLC — nclc.org.