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Here’s What Debt Collectors Can’t Do — No Matter How Much You Owe

Man in suit standing in doorway glaring at woman.

Image source: Getty Images

Dealing with debt collectors can be stressful, especially if you’re not sure what they’re allowed — and not allowed — to do. The good news is that the law is on your side. Debt collectors have strict rules they must follow, no matter how much you owe. Knowing your rights can help you avoid intimidation and protect yourself from illegal practices.

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Here’s what debt collectors can’t do, no matter what.

They can’t harass or threaten you

Debt collectors are not allowed to harass you. This means no threats of violence, no obscene language, and no endless phone calls designed to annoy you. They also can’t threaten actions they can’t legally take, like saying you’ll go to jail for unpaid debts, which won’t happen.

If a collector crosses the line into harassment, you can report them to the Consumer Financial Protection Bureau (CFPB) or your state’s attorney general’s office.

They can’t call at all hours

Collectors can’t call you whenever they want. The Fair Debt Collection Practices Act (FDCPA) says they can only call between 8 a.m. and 9 p.m. local time. Late-night or early-morning calls are totally off-limits.

They also must stop calling you at work if you tell them your employer doesn’t allow it. And if you ask them in writing to stop contacting you altogether, they have to honor that — though they can still sue you if they choose to pursue the debt legally.

They can’t lie or mislead you

Debt collectors aren’t allowed to lie. Among other things, they can’t:

  • Pretend to be lawyers if they’re not.
  • Claim you’ve committed a crime.
  • Misrepresent how much you owe.
  • Say they’ll take legal action if they don’t intend to.

Honesty is required. If a collector gives you false information, that’s a violation of your rights.

They can’t discuss your debt with others

Your debt is your business. Collectors can’t share details about your debt with anyone except you, your spouse, or your attorney. They can contact other people, but only to ask how to reach you. They can’t mention the debt itself.

They can’t garnish wages without a court order

Some debts can lead to wage garnishment, but collectors can’t just take your paycheck without going through the proper legal process. They need a court judgment before they can garnish your wages (except for some federal debts like student loans or taxes).

Even if they win in court, there are limits to how much they can garnish. State laws often provide additional protections, so check local regulations if you’re concerned.

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They can’t ignore your request for verification

If you’re unsure about a debt, you have the right to request written verification. As long as you ask (in writing) within 30 days of first contact, the collector must stop trying to collect until they provide proof that you owe the debt.

Don’t skip this step. Mistakes happen, and you should never pay a debt you don’t actually owe.

Know your rights and stay in control

Debt collectors sometimes rely on fear and confusion to get paid. But once you understand what they can’t do, you’re in a stronger position. If a collector breaks these rules, report them and consider speaking with a consumer protection attorney.

Owing money doesn’t mean you lose your rights. Stay informed, stay calm, and don’t let debt collectors push you around. And once you’re out of debt, focus on things like responsible credit card usage to stay debt free.

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We’re firm believers in the Golden Rule, which is why editorial opinions are ours alone and have not been previously reviewed, approved, or endorsed by included advertisers.
Motley Fool Money does not cover all offers on the market. Editorial content from Motley Fool Money is separate from The Motley Fool editorial content and is created by a different analyst team.The Motley Fool has a disclosure policy.

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