Not paying your credit card bill can quickly lead to costly interest charges and fees. But if you continue to leave your bill unpaid for several months, you could also run the risk of your debt being sent to collections. When debt collectors start calling to claim an unpaid debt, remember that you have protections and rights under the law.
Know your rights
The Fair Debt Collection Practices Act protects you from “deceptive, unfair, and abusive debt collection practices,” according to the Federal Trade Commission. Abusive debt collection practices “contribute to the number of personal bankruptcies, to marital instability, to the loss of jobs, and to invasions of individual privacy.”
The law prohibits debt collectors from activities like calling you repeatedly or at odd hours, threatening you with violence, disclosing your personal information to third parties, and more. For example, debt collectors cannot contact you before 8 a.m. or after 9 p.m., and they cannot call you more than seven times within a seven-day period.
Debt collectors also are not allowed to tell other people about your debt. Though they may reach out to friends and family members to find out your contact information, they cannot discuss your debt.
More resources:
Red flags to look out for
If a debt collector does these things, they may be scamming you instead of actually trying to collect a debt:
Threatening you: Debt collectors cannot threaten to hurt you or speak to you with obscenities or profanities. They also should not threaten you by telling you that you’ll be arrested. According to the Consumer Financial Protection Bureau (CFPB), there are only a few circumstances that could lead to being arrested over a debt, such as not complying with a court order if you’re sued.
Refusing to give information: Debt collectors are required to provide you with information about themselves and the debt they’re collecting. If you cannot get information about how to contact them, the creditor that holds your debt, how much debt you owe, or other relevant details, they may not be legitimate.
Asking for financial information: Debt collectors may ask you to verify information about yourself, like your name and address, but you should be cautious if they ask for financial information like your bank account number or credit card account information before you’ve confirmed who they are.
Find out about the debt
When a legitimate debt collector contacts you about your debt, they’re required to give you certain information about the debt they want to collect from you. You should receive the information when they initially contact you or within five days.
The CFPB states the required information is designed to help you recognize whether the debt is actually yours and how you can dispute it if not. It includes:
Your name and mailing information
The creditor that’s owed the debt
Your account number
Current debt amount (including itemized information with interest, fees, payments, and more)
How to respond to the debt collector
If you don’t believe the debt is actually yours, you’ll have 30 days to dispute it in writing. The CFPB has sample letters you can use for a range of different scenarios when a debt collector contacts you. For example, the agency has a sample letter to dispute the debt and to tell a debt collector to contact you only through your lawyer.
Working with the debt collector
If you’re contacted by a debt collector for a debt that you do actually owe, you should repay the debt in full or work out a plan with the debt collector.
According to the CFPB, contacting the debt collector, negotiating through a credit counselor, or even using an attorney may be useful. It’s smart to get your agreement in writing before you make a payment.
You can find nonprofit credit counselors through organizations like the National Foundation for Credit Counseling or Financial Counseling Association of America. The CFPB has resources available for finding reputable attorneys in your area.
In some cases, debt collectors may file a lawsuit against you for the money you owe — especially if you ignore their attempts to contact you. Even after the lawsuit is filed, it’s best to respond and attempt to settle or resolve the debt before a judgment is issued in court.
If you don’t respond and the court issues a judgment against you, you may lose the ability to dispute the debt and could have your wages garnished or a lien placed against your property.
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