Debt collection

Debt collectors are allowed to contact you about the debts you owe (once the debt is due and payable, not before).

A collector must send you a written notice about your debt before they start calling you. There are two exceptions to this rule:

1. They can make a reasonable effort to call you before sending you a written notice about your debt only to confirm your correct contact information.
2. If they have bought the debt from the creditor, they then become the creditor and aren’t required to send you a written notification first (which means that they can begin calling you right away).

How do you know if they are a creditor or a collector? Ask them.

You also have the right to request that the calls to stop and they communicate with you in writing only, and you also have the right to ask for written details of the debt. Find out how to do that in the other sections on this page.

You have the right to ask that the collection agency contact you in writing only, or contact you through your lawyer only.

To do this, you must notify them in writing, or use our online form. Send your written notification in a way that gives you proof of delivery, such as registered mail, fax, or email. Keep copies for your records. Give the collection agency three to five business days to process your request.

If the calls continue after a few business days, keep track of the incoming calls. You can do that by getting copies of your phone records, taking pictures of your call display or other methods. Contact us directly for the next steps.

Notify a collection agency you are requesting communication in writing only (online form – you must have the collection agency’s email to use this form)

Notify a collection agency you wish for communication to be done through your lawyer only (online form – you must have the collection agency’s email to use this form)

Are you getting calls for John Smith when your name is Sally Anderson? Sometimes, collectors have the wrong information for the person they are trying to reach.

To let them know that they have the wrong person, you must notify them in writing, or use our online form. Send your written notification in a way that gives you proof of delivery, such as registered mail, fax, or email. Keep copies for your records. Give the collection agency three to five days to process your request.

If the calls continue after a few business days, keep track of the incoming calls. You can do that by getting copies of your phone records, taking pictures of your call display or other methods. Contact us directly for the next steps.

Notify a collection agency that you are not the debtor (online form – you must have the collection agency’s email to use this form)

If a collection agency is trying to collect a debt that you have already paid, or you don’t feel you owe, you have the right to dispute the debt. By disputing a debt, you’re telling the creditor and the debt collection agency that you don’t feel you owe the debt and that you wish for the matter to be taken to court for resolution.

To dispute the debt, you must notify both the collection agency and the initial creditor in writing, you can also use our online form to contact the collection agency. Send your written notification to both parties in a way that gives you proof of delivery, such as registered mail, fax, or email. Keep copies for your records. Give the collection agency three to five business days to process your request.

If the calls continue after a few business days, keep track of the incoming calls. You can do that by getting copies of your phone records, taking pictures of your call display or other methods. Contact us directly for the next steps.

To notify the creditor you must use our printable form.

Notify a collection agency that you are disputing the debt  (online form – you must have the collection agency’s email to use this form)

To ask for the details of your debt, make your request in writing, or use our online form. Send your written notification to the collection agency in a way that gives you proof of delivery, such as registered mail, fax, or email. Keep copies for your records.

Ask for a written notification of your debt (online form – you must have the collection agency’s email to use this form)

It is important to know your rights when dealing with a collector. A debt collector:

• Can only call between 1 p.m. and 5 p.m. on a Sunday
• Must not call you before 7 a.m. or after 9 p.m. on weekdays and Saturdays
• Must not call you, a family member, or friend at any time on a statutory holiday
• Must not discuss the details of your debt with another person without your permission. However, they can contact a family member, friend or acquaintance to confirm your contact information
• Must not contact you in a way that will cost you money
• Must not publish or threaten to publish details of the debt except to a credit reporting agency
• Must not use threatening, profane, or intimidating language
• Must not put excessive pressure on you
• Must not threaten to sue you unless they are actually taking legal action
• Can’t try to collect any amount that is more than what you owe. They can’t apply their own interest rates or fees, but interest can be charged at the rate in your initial credit agreement

We can help give you the tools to reduce the stress of dealing with a debt collector. However, if you do not pay your debt, it can continue to affect you. The debt doesn’t go away just because you’ve asked to be contacted in writing only. You may continue to owe the debt even if you have disputed the amount. When the debt is no longer on your credit report, or the creditor has lost the chance to sue, the collectors may continue to contact you. If you are having trouble managing your debts, you may want to ask for help from a reputable debt management professional.