What to say when a debt collector calls
Say little, ask for their name, company, address and the creditor, and tell them to send everything in writing. Do not confirm the debt, do not give bank or card numbers, and do not agree to pay on the call. If you want to dispute the debt or stop the calls, do it in a letter, because the strongest rights under the FDCPA are triggered by writing.
The first call usually comes at a bad moment. You are at work, or driving, or it is the third call today. The person on the line is trained and has a script. You should have one too.
Here it is, with the reason behind each line. Print it, or keep it in your phone's notes.
The script
- "Who is calling, and what company are you with?" Write down the person's name and the company's exact name. A collector must tell you it is a debt collector and that information will be used to collect a debt (15 U.S.C. § 1692e(11)), and it may not call without meaningful disclosure of its identity (§ 1692d(6)).
- "What is your mailing address and phone number?" You will need the address for your letters.
- "Who is the original creditor, and what amount are you saying I owe?" Do not agree with the answer. Just write it down.
- "Please send me everything in writing." A collector must send a validation notice within five days after its first communication with you, unless that information was in the first communication (§ 1692g(a)). The notice lists the amount, the creditor and your right to dispute.
- "I do not agree that I owe this. I will respond in writing." That is all you need to say about the debt itself.
- "Do not call me at work. My employer does not allow these calls." Once the collector knows or has reason to know your employer prohibits the calls, it may not call you there (§ 1692c(a)(3)).
- "I am ending the call now." You are allowed to hang up.
What not to say or give
Do not confirm the debt is yours. Collectors buy and sell accounts, and records get mixed up. The debt may be someone else's, already paid, or the wrong amount. You can check first.
Do not give a bank account, debit card or card number. Not on the first call, and not to a caller you have not verified. If you later decide to pay, pay against a written agreement.
Do not promise to pay, and do not make a "good faith" payment. The rules on old debts differ by state. In New York, once the three-year limit on a consumer credit suit has run, a later payment or promise does not revive it (CPLR 214-i). New Jersey and Florida have longer limits and their own rules on what a payment or a signed writing does. Talk to a lawyer before paying anything on an old account. Our zombie debt page explains the time limits.
Do not answer questions about your job, income or other accounts. A collector does not need that to send you a letter.
Why the important part goes in writing
Several of the strongest rights in the FDCPA turn on a written statement from you.
| What you want | What to send | What the law then requires |
|---|---|---|
| Proof the debt is yours | A written dispute within 30 days after you receive the validation notice | The collector stops collecting until it mails verification (§ 1692g(b)) |
| The name of the original creditor | A written request within the same 30 days | The collector stops until it mails the name and address (§ 1692g(b)) |
| No more contact | A written request to stop, or a written refusal to pay | The collector must stop, except to say it is stopping or to notify you of a specific remedy (§ 1692c(c)) |
Send letters by certified mail with a return receipt, and keep a copy. If you already have a lawyer for the debt, say so and give the lawyer's name: once the collector knows, it must deal with the lawyer, not you (§ 1692c(a)(2)). Our page on what to do when a collector calls walks through each letter.
A stop letter does not erase the debt. The collector can still sue. If you are sued, do not ignore the papers: the time to answer is short. See sued by a debt collector.
What to write down after every call
Your notes are evidence. After each call, write the date and time, the number that called, the caller's name, and what was said, especially any threat. Calls before 8 a.m. or after 9 p.m. are presumed inconvenient (§ 1692c(a)(1)). More than seven telephone calls in seven days about one debt, or a call within seven days after you spoke with the collector, is presumed harassment under 12 C.F.R. § 1006.14(b)(2). The call log tracks both for you.
If the collector threatens a lawsuit it does not intend to file, threatens arrest, or says it is a lawyer when it is not, those are separate violations (§ 1692e(3), (4), (5)). The FDCPA provides actual damages plus statutory damages of up to $1,000, and it requires a collector found liable to pay the consumer's reasonable attorney's fees and costs. A claim must be filed within one year of the violation.
In New York, New Jersey and Florida, state law adds to this. Florida's FCCPA reaches original creditors too, not only collectors. See the New York, New Jersey and Florida pages.
What to do this week
- Put the script by your phone. Use it on the next call.
- Start a log. Every call, every voicemail, every letter, with dates.
- Watch the mail for the validation notice. Mark the date you receive it. The 30-day dispute window runs from there.
- Send a written dispute if you do not recognize the debt or the amount looks wrong.
- Run the violation checker if anything on the calls crossed a line.
Sources: 15 U.S.C. §§ 1692c, 1692d, 1692e, 1692g, 1692k; 12 C.F.R. § 1006.14(b)(2); N.Y. CPLR 214-i; N.Y. Penal Law § 250.00; Fla. Stat. § 934.03(2)(d).
Common questions
Do I have to answer the collector's questions?
No. You can ask for the collector's information, tell it to send everything in writing, and end the call. Nothing in the FDCPA requires you to confirm the debt, your income or your bank details on the phone.
Is saying 'I dispute this' on the phone enough?
It helps, but put it in writing. Under 15 U.S.C. section 1692g(b), a written dispute sent within the validation period requires the collector to stop collecting until it mails you verification. An oral dispute does not trigger that pause.
Can I record the call?
It depends on your state. New York allows a party to a call to record it. Florida requires the consent of everyone on the call. If you are unsure, take notes instead: date, time, the caller's name and what was said.
Tell us what they did.
One conversation with an attorney, in your language. We tell you which laws the collector or the credit bureau broke, which deadline runs first, and what to save this week. If it is not a case we can take, we say so and tell you where to go.
(718) 484-7510The FDCPA and the FCRA require a company found liable to pay the consumer’s reasonable attorney’s fees and costs. Our fee arrangement is confirmed in a written retainer before we begin. English, Russian and Spanish in-house; an interpreter for any other language.