How to Deal With Debt Collectors in 6 Steps
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A debt collector is hounding you, seeking payment on a consumer debt you owe. Debt collection tactics can be annoying at best — and predatory, or even illegal, at worst.
It’s crucial to know how to handle debt collectors —including understanding what debt collectors can and cannot do — so you can assert your rights and choose the best way to manage your debt. Before you say anything or make any payments, follow these steps:
What is a debt collector and what do they do?
A debt collector is a person, agency or company responsible for collecting money owed, usually on a past-due account. Debt collectors may call you or send mail notices, emails or text messages about a debt.
When a debt goes unpaid for several months, the original creditor will often sell it to an outside agency. The buyer is known as a third-party debt collector. The Fair Debt Collection Practices Act, which sets rules for consumer debt collection, generally applies to third-party collectors only.
6 steps for dealing with a debt collector
1. Don't give in to pressure to pay on first contact
Just as you wouldn’t jump into a contract without understanding its terms, don’t rush to make a payment when a debt collector contacts you. Take time to think through your options to pay off a debt in collections.
Debt collectors may pressure you to take action quickly. Don’t pay, don't promise to pay, and don't give any payment information the collector may use later. Ask for information on the debt and say you'll call back to discuss it later.
Making a single payment — even just $5 or $10 — is an acknowledgment of the debt and can have serious repercussions. If the debt is past the statute of limitations, for example, making a payment will reset that clock and could lead to a lawsuit or wage garnishment.
2. Gather the facts
When the original creditor sells a debt to a third party — which might go on to resell the debt again, and so on — recordkeeping often falls by the wayside. Many sold debts have errors about the amount owed or even who owes it.
Debt collection practices are one of the largest sources of consumer complaints to the Consumer Financial Protection Bureau as a result. Nearly 110,000 complaints were filed in 2023 on the matter; the biggest reason was consumers being asked to pay debt they didn’t owe.
If a debt collector contacts you, gather a few key pieces information:
Request a validation letter from the debt collector if you don’t receive one within five business days of first contact. It should include details on the debt, the collection company and how to challenge the debt.
Gather your own records on the debt, if it’s yours, including information on the original creditor and your history of payments.
Keep good records of communication with the debt collector. You may want to use certified mail for the best documentation.
3. Know your rights around communicating with debt collectors
The Fair Debt Collection Practices Act is your ally. This law outlines your rights as a consumer and shields you from predatory collection tactics. For instance:
You can specify how and when debt collectors can contact you — and that they cease communication altogether. Debt collectors are prohibited from using profane language or threatening violence.
Debt collectors cannot mislead you about who they are, how much money you owe, or the legal repercussions of not paying your debt — for instance, by threatening arrest.
4. Submit a complaint if the debt collector violates your rights
Understand your federal and state protections in the debt collection process. You can file a complaint with the CFPB if your protections under the Fair Debt Collection Practices Act have been violated. Your state may offer additional consumer protections. Your state's attorney general and the Federal Trade Commission are good resources.
Whether it's sending a letter to debt collectors to request more information on the debt, or demanding that a debt collector cease contact, know how to exercise your consumer rights — and don’t be afraid to do so.
» Learn more: How do collections accounts affect your credit?
5. Never ignore a court summons for debt collection
Lawsuits for collections accounts are a common and efficient way for collection agencies to get payment. These lawsuits can result in wage garnishment, and a bank levy or a lien on your property. Hire an attorney who specializes in debt collection defense. If you can’t afford court costs, look for low-cost or free legal aid programs near you via the Legal Services Corporation or LawHelp.org.
6. Choose a debt payoff method or dispute debt collection
The two most common ways to handle a debt in collections are choosing a payoff method or disputing the debt as being in error:
There are a few options for paying a collections account: setting up a payment plan, wiping out the debt with a single payment, or settling the debt to reduce the amount you owe. No matter which option you choose, do not give the collector permission to access your bank account, either by providing your debit card number or setting up automated debits. If you make an agreement for a payment plan or to settle the debt for less than is owed, get the agreement in writing so you can hold the collector accountable.
You can dispute the debt if you think the information is incorrect, or ask for a goodwill deletion if you've already paid it off. Send a written request to the debt collector and make a copy for yourself. If you challenge the debt within 30 days of first contact, the collector cannot ask for payment until the dispute is settled. After 30 days you can still challenge the debt, but the collector can seek payment while the dispute is being investigated.
