Guide. What to say, what to send, and what the collector is not allowed to do, under the Fair Debt Collection Practices Act and Regulation F. Updated September 5, 2026.
The call comes at 8:40 on a Tuesday night. A man with a case number says you owe $2,340 on a card you closed in 2021, and he can "settle it today for $900 if you give me a card number." Most people either hang up and hope, or pay from the call. Both are the wrong move. You have a set of rights that most collectors count on you not knowing, and the first one is that you can make them stop talking and start proving.
Say one thing on the phone
"Send me the validation notice in writing to my mailing address. I do not discuss debts by phone." Then hang up. Do not confirm the amount, do not confirm the account, do not say "I know I owe it." In some states an acknowledgment or a small payment restarts the statute of limitations on a debt that had already expired.
The validation notice they owe you
Within five days of first contact, the collector must send a validation notice. Since Regulation F took effect it has to include the name of the original creditor, an itemization of the debt (what it was on the itemization date, plus interest, fees and payments since), the date they are using, and a tear-off form you can use to dispute. If the letter is missing those pieces, that alone is a violation you can raise with the CFPB.
Dispute within 30 days, in writing
You have 30 days from receiving the notice to dispute the debt or ask for the original creditor's name. Send the dispute by certified mail. Once it arrives, the collector must stop all collection until they mail you verification. A collector who calls during that window, or reports the account to a bureau without marking it disputed, is breaking the law.
Ask for the whole file: the original contract or application, the last statement from the original creditor, and the chain of assignment showing they own or are authorized to collect this debt. Debt buyers who paid four cents on the dollar for a spreadsheet often cannot produce it. No verification means no collection and, if they reported it, a dispute with the bureau to remove it.
What they are not allowed to do
- Call before 8 a.m. or after 9 p.m. your local time, or at work once you tell them your employer forbids it.
- Call more than seven times in seven days about one debt, or within seven days of a conversation about it. Regulation F treats more than that as harassment.
- Text or email you without an opt-out. Every message must tell you how to stop that channel, and one reply stops it.
- Talk about your debt to anyone else. They may ask a family member for your phone number, once. They may not say why.
- Threaten arrest, wage garnishment or a lawsuit they do not intend or are not legally able to bring. A consumer debt is not a crime. Garnishment requires a court judgment first.
- Sue or threaten to sue on a debt past the statute of limitations. Regulation F bars it even if they think you do not know the date.
- Keep contacting you after a written cease letter. After that they may send one final notice and, if they choose, file a lawsuit. Nothing else.
Zombie debt and the statute of limitations
Old debts get sold and resold for years. Your state sets a limit, three to six years in most states, after which a collector can still ask but cannot win in court. Before you pay a cent on anything more than three years old, find the date of the last payment on the original account and look up your state's limit. If the debt is time-barred, a collector who sues is violating federal law, and a payment or written promise from you can restart the clock in some states.
If you do owe it
- Get the verification first, every time.
- Negotiate in writing. Old debt often settles for 30% to 50%. Ask for a signed settlement letter stating the amount is payment in full before you send money.
- Pay by cashier's check or money order. Never give a collector access to your bank account or debit card; "one payment" arrangements have a way of repeating.
- Ask for the tradeline to report "paid in full" or be deleted. Newer scoring models ignore paid collections, so even a "paid" status helps.
When they break the rules
Write down every call: date, time, the name given, what was said. Save voicemails and texts. Then file with the CFPB and your state attorney general. The FDCPA also lets you sue for up to $1,000 in statutory damages plus attorney fees, which is why consumer lawyers take these cases for free; the collector pays if you win.
The letters are written. The Banrox Documents Lab has the debt validation request, the cease-contact letter and the CFPB dispute template, free to download. A three-bureau monitor shows you the collection the day it appears on your report, instead of the day a collector calls.
Sources
Educational content, not legal advice. Statutes of limitation are set by state law and differ by debt type.
