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What Debt Collectors Can and Can't Do

Read this in: Español

Author: Jay Speer

Debt collectors can contact you to try to collect money you owe. But they must follow rules. They cannot harass you or break the law.

What are debt collectors allowed to do? 

Debt collectors are allowed to:

  • Contact you by phone, mail, email, or text message — unless you have sent them a letter telling them to stop (see “How can I tell debt collectors to stop contacting me?” below)
  • Ask you to pay the debt and explain how much you owe
  • Call you between 8 AM and 9 PM your local time
  • Contact other people to find your phone number or address (they can only contact each person one time)
  • Sue you in court if you don't pay
  • Report the debt to credit bureaus

Debt collectors are not allowed to harass or abuse you. This means they cannot:

  • Call you over and over to annoy you
  • Call before 8 AM or after 9 PM your local time
  • Use obscene or profane language
  • Threaten violence or harm
  • Threaten to do things they legally cannot do
  • Publish your name publicly as someone who doesn't pay debts

Debt collectors cannot call you at work (if you tell them not to):

  • Tell the debt collector: "Do not call me at work."
  • Once you tell them, they must stop calling your workplace.
  • If they keep calling after you told them to stop, this is harassment. Document it and report it.

Debt collectors cannot tell other people about your debt:

  • They cannot give details about your debt to family members, friends, or neighbors (they can only do this in very limited exceptions)
  • They cannot send letters with return addresses that reveal it's from a debt collector
  • If they're talking to your family members about your debt, this is likely illegal. Document it and contact an attorney.

Debt collectors are allowed to contact other people in your life to find your phone number or address. But they can generally only contact each person one time, and they cannot say that you owe a debt.

Debt collectors also cannot lie about who they are. They:

  • Cannot pretend to be a lawyer
  • Cannot pretend to be from the government
  • Cannot pretend to be from the police
  • Cannot claim they're from a credit bureau
  • Must identify themselves as debt collectors trying to collect a debt

They cannot threaten to arrest you. You will not go to jail for owing money on:

  • Credit cards
  • Medical bills
  • Personal loans
  • Phone bills
  • Utility bills

There are only two rare exceptions:

  • Child support: Not paying child support can have legal consequences. If you can't pay, talk to legal aid about modifying your child support order right away.
  • Fraud or theft: If you actually stole money or committed fraud, that's a crime. But this is very different from just owing money.

If a debt collector threatens to arrest you, they are breaking the law.

There is also one important situation where a court date matters: If you get a summons for a Debtor’s Interrogatory, you must go. This is a court hearing where you answer questions about your finances and what you own. If you do not go to this court hearing, you could be arrested for disobeying the summons. (You would not be arrested for having a debt you can't pay.) 

What should I do when a debt collector contacts me?

If a debt collector contacts you, follow these steps to protect yourself: 

  1. Document everything

    Start keeping records immediately. Save: 

    • All letters from debt collectors
    • All emails and voicemails (or voicemail transcripts)
    • Screenshots of text messages
    • Details of phone calls. Write down:
      • Date and time
      • Who called
      • What company they're from
      • What they said
      • Any threats they made
      • Any information they gave you about the debt

    This documentation protects you. You'll need it if you dispute the debt, report harassment, or go to court.

  2. Verify the debt is yours

    Don't assume the debt collector is right. See "How do I ask them to prove I owe the debt?" below.

  3. Check if they're following the rules

    Watch for violations:

    • Are they calling before 8 AM or after 9 PM?
    • Are they calling you at work after you told them not to?
    • Are they threatening to arrest you?
    • Are they telling other people about your debt?
    • Are they harassing you?

    If they break the rules, document it and report them. Read more: How to report debt collector harassment. 

How do I ask them to prove I owe the debt?

Ask the debt collector to prove you owe the money by writing them a letter. The letter should say:

  • You are asking them to verify the debt
  • You want proof that you owe this money
  • You want to know who originally owed the debt
  • You want to see documentation

Download and fill out a letter asking them to verify the debt and send it to the debt collector. Keep a copy of your letter. It’s helpful to send it by certified mail so you have proof they received it.

Important: If you write to them, and they do not send you proof, do not pay. Without proof that the debt is actually yours, there is no debt.

Keep an eye on your credit report too. If the debt shows up on your credit report and it's not yours, this could be a strong case. Contact an attorney who handles credit report issues, known as FCRA/ECOA cases. See the “where can I get help” section below.

What if the debt isn't mine?

If a debt collector is trying to collect money you don't owe, tell them immediately.

Send a letter disputing the debt. Say:

  • This is not my debt
  • I do not owe this money
  • Stop contacting me

Download and fill out a letter disputing the debt. Keep a copy of your letter. Send it by certified mail so you have proof they received it.

If they don't stop or if they put the debt on your credit report, contact an attorney. Trying to collect someone else's debt is illegal.

How can I tell debt collectors to stop contacting me? 

You can tell debt collectors to stop contacting you.

Send them a letter that says: "Stop contacting me about this debt." You can download and fill out a template.

After they get your letter, they must stop most contact. But they can still:

  • Confirm they will stop contacting you
  • Tell you about specific actions they plan to take (like suing you)

Important: Telling them to stop contact doesn't make the debt go away. They can still sue you in court. You just won't get warning phone calls or letters first.

What if my money is already being taken? 

If money is being taken out of your paycheck or your bank account, this means you are being garnished. You have options for stopping or reducing the amount of the garnishment.

Read more if money is being taken out of your paycheck or bank account.

What happens next? 

If you owe the debt and it's valid, the debt collector will keep trying to collect. They might:

  • Keep contacting you (unless you tell them to stop)
  • Report it to credit bureaus
  • Sue you in court

If they sue you, you'll get court papers. Don't ignore these.

Read more: If You Get Sued for a Debt in Virginia

Where can I get help? 

Things to remember

  • Don't ignore the debt. It won't go away.
  • Demand proof the debt is yours. If they do not send you proof in writing, do not pay.
  • You have options, and help is available.