How To Stop Debt Collectors From Calling: Strategies That Work
There’s a time and place for everything, including debt collection calls. But once you know what you owe, how do you stop the constant ringing? Learn how to stop debt collectors from calling — all it takes is a letter in the mail.
- Bill collectors must stop contacting you if you send them a cease-and-desist letter.
- A cease-and-desist letter does not mean that you are disputing the debt and it will not prevent a lawsuit.
- Saying the wrong thing to a debt collector could make old debt collectible again.
- Strategies like debt consolidation and enrolling in a debt management plan can also slow down debt collection calls.
When and how can a debt collector contact you?
The Fair Debt Collection Practices Act (FDCPA) protects you from shady or overly aggressive debt collection agencies. Under the FDCPA, debt collectors are not allowed to:
- Call before 8 a.m. or after 9 p.m., unless you give permission
- Call or email you at work, unless you give permission
- Stop you from opting out of text messages and emails about your debt
- Privately message you on social media after you ask them to stop
- Post publicly about your debt on social media
- Call you more than seven times in seven days
The FDCPA only applies to third-party debt collection agencies. If Discover calls you about your past due Discover bill, the FDCPA doesn’t apply since it’s your original creditor. But if Discover charged off your debt and sold it to a debt collection agency, the FDCPA does apply.
How to stop debt collectors from calling: 3 strategies
When a debt collector first calls, ask for their contact information and don’t confirm anything until you get a debt validation letter. This letter will help you see whether the debt is yours and how old it is. The debt collector must send it in writing within five days of contacting you.
If the debt isn’t yours, your identity may have been stolen or you might need to dispute a credit report error. If you do owe, here are three ways you can get a debt collector to stop contacting you.
1. Figure out if you legally have to pay the debt
In some states, debt collectors can ask for payment even if you’re no longer legally responsible. You might not have to pay if:
- The debt is past the statute of limitations. When eligible debt passes its statute of limitations, it becomes time-barred debt. At this point, the debt collector can’t sue you but they still might request a payment. Laws around time-barred debts vary by state and type of debt. Statute of limitations also differ, but three to six years is common.
- You’ve recently declared bankruptcy. All bankruptcies get an automatic stay, which generally puts a stop to debt collection calls. If a debt collector calls you during your automatic stay, give their information to your attorney or trustee.
- You are judgment-proof. You can still be sued by debt collectors if you have very little assets or income. But you might be judgment-proof. That means you don’t have anything your creditor can take, even if it wins the case.
- You’re at the wage garnishment limit. Per federal law, creditors can only garnish 25% of your disposable earnings (or 30 times the federal minimum wage, whichever is less) for consumer debt like credit cards and personal loans.
2. Negotiate with your creditors
Negotiate with your creditors by offering to pay part of what you owe as a lump sum. You could also ask for a payment plan. There’s no guarantee that your creditors will be willing to negotiate, but they might. After all, some money is better than nothing.
3. Send a cease-and-desist letter
The FDCPA says that a debt collector must stop calling you if you request it in writing. After getting your letter, the debt collector can only contact you to:
- Confirm that it will no longer contact you
- Explain that it has the right to take further legal action (like suing you)
- Tell you that it is actually taking legal action against you
How to send a cease-and-desist letter
Sending a cease-and-desist letter will not stop the creditor from suing you or garnishing your wages. But it will stop them from calling you.
It’s very important that you do not admit the debt is yours in your cease-and-desist letter. Otherwise, you could reset the statute of limitations and make time-barred debt collectible again.
Your cease-and-desist letter should include the following information:
- Current date
- Collector’s name and address
- Your name and address
- The account number and amount of debt
- A note requesting the debt collector to stop calling, emailing and texting you
- Your attorney’s information, if you have one
Send your cease-and-desist letter by certified mail and ask for a return receipt (which is proof of delivery). You can use this as evidence if the debt collector continues to hound you. As of this writing, you can download a sample letter through the Consumer Financial Protection Bureau (CFPB).
Pros and cons of sending a cease-and-desist letter
Pros
- Can help reduce stress if your phone is ringing off the hook
- May bring down tension with your boss if debt collectors are calling you at work
- Might be less nervous about researching your rights without a debt collector pressuring you
- Less chance of restarting the clock on the statute of limitations by saying the wrong thing
Cons
- Sending a cease-and-desist letter won’t stop a debt lawsuit or wage garnishment
- If you’re using a cease-and-desist letter to ignore debt, expect interest and fees to grow
- If the debt collector sues you and you miss the court summons, the debt collector usually wins the case by default
- Refusing to speak to a debt collector closes the door on negotiations
Alternatives to cease-and-desist letters
Outside of bankruptcy, these options might not stop debt collectors from calling — at least, not immediately. But they can help you get a handle on your debt. As you pay or make arrangements, you should see calls slow down.
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Debt collection calls do’s and don’ts
Do these things when a debt collector calls
- Stay calm: Debt collection calls can be scary, but don’t freak out. The FDCPA prohibits debt collectors from threatening to hurt you. They also aren’t allowed to swear, lie or threaten to sue if they don’t actually intend to.
- Ask questions: Get the debt collection agency’s name, address and phone number. Depending on your state, the debt collector will have a license number. Debt collection scams are common, so use this information to make sure the call was legitimate.
- Dispute the debt: If you don’t think the debt is yours, dispute it in writing (you have 30 days). Once the debt collector gets your dispute, it has to stop collection efforts until it sends you something that verifies your debt, like the original bill you owe.
- Take notes: Keep detailed notes on every call. A call log might help if you agree to pay debt sent to collections and the collector goes back on your payment plan arrangements.
Don’t do these things when a debt collector calls
- Ignore the debt collector: Ignoring the debt collector — even if the debt isn’t yours — could land you in a debt lawsuit. If you also ignore the lawsuit, the collector may take money from your wages or bank account through garnishment or bank levy.
- Give out personal info: Never release or confirm personal information like your name, Social Security number or address on the first call. You have to make sure the company is legitimate first.
- Admit the debt is yours: Acknowledging a debt is yours in writing could restart the clock on the statute of limitations. Don’t admit to anything until you’ve reviewed your debt validation letter and confirmed you actually owe.
- Agree to any payments: Making a partial payment or just promising to pay can reset a debt’s statute of limitations. Tell the debt collector that you are waiting for your debt validation letter and that’s it.
- For credit counseling and DMPs, please see the National Foundation for Credit Counseling (NFCC) and the Financial Counseling Association of America (FCAA).
- For help finding an affordable lawyer, check out this list of low-cost legal aid by state.
- If you’re low income, you could talk to a lawyer online for free by using the American Bar Association’s legal answers site.
- If you believe your identity has been stolen, learn more about freezing your credit.
Frequently asked questions
Yes, debt collectors can call you at work unless you’ve told them not to. They can contact other people for help tracking you down, too. However, debt collectors typically can’t talk to anyone but you, your spouse or your attorney about your debt, specifically.
Yes, debt collectors can text you about your debt, but under the FDCPA, you have the right to opt out.
As of this writing, you can file a complaint against a debt collector on the CFPB’s website or by calling (855) 411-2372. You can also report fraudulent bill collectors and FDCPA violations with the FTC.
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