What to do when a collector calls
Stay calm and get facts, not arguments. Ask for the caller's name, the company, its mailing address, the creditor and the amount, and write it all down. Do not admit the debt or pay anything on that call. Then put everything in writing: dispute the debt within the validation period, and if you want the calls to stop, send a written stop request. Log every call and save every voicemail.
The first call from a collector usually comes when you are not ready: at work, in the car, at dinner. What you say in that call matters less than what you do after it. Most of your protections under the FDCPA are triggered by things you put in writing, and most lawsuits against collectors are proven with records you start keeping today. Here is a script for the call, a list of things not to do, and the steps that follow.
The script
Have a pen ready, or open the call log. Ask these questions, and write down the answers and the time:
- "What is your name?" Get the caller's full name, or at least the name they use.
- "What company are you with?" A debt collector must disclose that it is a debt collector, and calling without meaningful disclosure of identity is harassment (15 U.S.C. §§ 1692e(11), 1692d(6)).
- "What is your mailing address and phone number?" You need an address for your letters.
- "Who is the original creditor, and who owns the debt now?" These can be different companies.
- "What amount are you claiming, and how is it broken down?" Principal, interest and fees.
- "Please send me the validation notice in writing." A collector must send one within five days after first contacting you (§ 1692g(a); 12 C.F.R. § 1006.34).
Then end the call: "I will respond in writing." You do not need to explain, argue or agree to anything.
What not to do on the phone
- Do not admit the debt. Say you will review it in writing. You may not know yet whether the amount is right, whether it is yours, or whether it is too old to sue on.
- Do not pay or give account numbers. Not on the first call, and not by bank account or card over the phone to an unverified caller. Payment plans should be confirmed in writing.
- Do not promise to pay. In some states a promise or payment can affect the limitations period. In New York, a payment does not revive a consumer credit debt once the three years have run (CPLR 214-i), but New Jersey and Florida rules differ and are not stated here.
- Do not give out other people's information. A collector may contact third parties only to find you, and may not tell them about the debt (§§ 1692b, 1692c(b)).
Put it in writing
Dispute and request validation
If you dispute the debt, or any part of it, send a written dispute within the validation period, which ends 30 days after you receive, or are assumed to receive, the validation notice (12 C.F.R. § 1006.34(b)(5)). A timely written dispute requires the collector to stop collecting until it mails you verification of the debt (15 U.S.C. § 1692g(b)). Send it by certified mail, return receipt requested, and keep a copy. In New York, a covered collector must also provide substantiation within 60 days of a written dispute (23 NYCRR 1.4, per DFS). See ignored dispute.
Tell them to stop
If you want the contact to stop, say so in writing. Once a collector receives a written notice that you refuse to pay or want it to stop communicating, it must stop, except to tell you it is ending contact or that it may take a specific action such as filing suit (15 U.S.C. § 1692c(c); 12 C.F.R. § 1006.6(c)). You can also limit rather than stop: tell the collector not to call your work number, or not to use a particular channel, and it must honor that (§ 1692c(a)(3); 12 C.F.R. § 1006.14(h)(1)). Every text and email must include a way to opt out (12 C.F.R. § 1006.6(e)).
If you have a lawyer, say so
Once a collector knows you are represented by an attorney on the debt and can get the attorney's name and address, it must deal with the attorney, not you (§ 1692c(a)(2)). Florida's FCCPA has a similar rule for anyone collecting a consumer debt (Fla. Stat. § 559.72(18)).
Keep the record
- Log every call. Date, time, number, whether you spoke, what was said. The call log flags more than 7 telephone calls in 7 days about a debt, which is presumed harassment under 12 C.F.R. § 1006.14(b)(2), and calls before 8 a.m. or after 9 p.m.
- Save voicemails. A prerecorded message to your cell phone without consent can violate the TCPA (47 U.S.C. § 227(b)(1)(A)(iii)). Back voicemails up; do not rely on the phone to keep them.
- Screenshot your call history. Phones delete older entries.
- Keep letters and envelopes. The postmark and the date on the letter both matter.
- Check your credit reports. Get all three at AnnualCreditReport.com, the only site the FTC says is authorized to fill orders for the free reports; the bureaus let you check each one weekly there. See whether the collector is reporting the debt and whether it shows as disputed.
The clock is already running
An FDCPA claim must be filed within one year of each violation (15 U.S.C. § 1692k(d)). If the calls have crossed a line, do not wait months to find out. See deadlines.
If you have been sued
If the call is about a lawsuit, or you receive a summons, do not ignore the papers. The answer deadline is short. See sued by a debt collector.
In New York, New Jersey and Florida
The FDCPA rules above apply in all three states. In Florida, the FCCPA applies them to original creditors as well, and forbids communications between 9 p.m. and 8 a.m. without consent, other than compliant emails (Fla. Stat. § 559.72(17)). In New York, the DFS rule adds substantiation and written confirmation of payment plans (23 NYCRR 1), and GBL § 601(6) forbids communicating with a frequency, at hours or in a manner that can reasonably be expected to harass. See New York, New Jersey and Florida.
Common questions
Should I answer calls from a collector at all?
You do not have to. If you do answer, keep it short and get the caller's name, company, address and the amount claimed. Ignoring calls does not make a debt go away, but anything important should come to you in writing, and you can require that by letter.
Can I record the call?
Recording laws differ by state, and some states require the consent of everyone on the call. The rules for New York, New Jersey and Florida are not published here. If you are unsure, do not record; write notes during and right after the call, and save voicemails.
If I tell them to stop calling, can they still sue me?
A written stop request makes a debt collector stop contacting you, except to say it is ending contact or to tell you about a specific remedy such as a lawsuit. It does not erase the debt or stop a lawsuit. If you are sued, do not ignore the papers.
What if the debt is not mine?
Say so, briefly, then dispute it in writing within the validation period. A written dispute requires the collector to stop collecting until it mails you verification. Check your credit reports for the account.
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.