Know Your Debt Collection Rights

Did you know that more than 70 million people were contacted by a debt collector between 2014 and 2015? (Consumer Experiences in Debt Collection Survey, 2017)

Receiving  a call from a debt collector can be stressful. Your first instinct may  be to hide or ignore the situation and hope it goes away. But that can  make things worse.



There  are laws that restrict what debt collection can say or do. The Fair  Debt Collection Practices Act (FDCPA) prohibits debt collection  companies from using abusive, unfair, or deceptive practices to collect  debts from you. See: Debt Collection.

You Have Rights

Most  debt collectors follow the law when contacting you, but some do not. If  you have a problem with debt collection, you can take action.

The law prohibits debt collectors from:

  • Repeatedly calling to harass you
  • Abusing or mistreating you
  • Contact  you at a time or place they know or should know is inconvenient  (including before 8 a.m. or after 9 p.m. unless they know otherwise)
  • Use of obscene language
  • Making a false or misleading statement about what you owe
  • Publishing your name for not paying the debt
  • Lie to you
  • Threaten to have you arrested for not paying the debt
  • You  should know that even if a debt collector violates the law, the debt  does not go away. You do have the right to sue, and if you win, the  judge can require the debt collector to pay you damages. The court can  also order the debt collector to pay your attorney fees if it is  determined that they did violate the law.


When a debt collector calls, ask questions to find out if the debt and the debt collector are legit. You should find out:

What Information Does A Debt Collector Have To Give Me About The Debt?

A  debt collector must tell you the name of the creditor, the amount owed,  and ensure you can dispute the debt or find out if it is legit.

  • Who you’re talking to (get the person’s name)
  • The name of the debt collection company they work for
  • The company’s address and phone number
  • The name of the original creditor
  • The amount owed
  • How you can dispute the debt or ensure that the debt is yours
  • Take notes and document everything
  • We have a sample letter that can help you to request additional information from a debt collector. Go to: Collection Agency Disputes And Sample Letter


Depending on your situation, there may be several different actions that you can take when you are contacted about a debt.

If the debt is old it may be beyond the Statute of Limitations. In Illinois the Statute of  Limitations for written contracts and promissory notes is 10 years; but  credit cards is only 5 years.

If you’re not sure that the debt is yours, write the debt collector and dispute the debt or ask for more information.

If you find out that the debt does not belong to you, don’t delay! Write the debt collector and tell them that the debt is not yours and  that you do not want to be contacted about the debt again in the future

If the debt is yours, don’t worry. Decide on the total amount you are willing to pay to settle the entire  debt and negotiate with the debt collector for the rest to be forgiven.  This could be a lump sum or a payment plan. Be honest with yourself  about how much you can pay each month. If you do owe the debt and this  particular debt in combination with other debts is too much to  reasonably handle you might well consider relief under the Bankruptcy  Code. ROBERT J. ADAMS & ASSOCIATES has helped thousands of good  people over a span of 40 years by helping them file a Chapter 7 or a  Chapter 13.

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