What counts as harassment under debt collection law
The Fair Debt Collection Practices Act (FDCPA) is a federal law that sets rules for how debt collectors can contact you. It does not erase the debt itself — it only controls the methods collectors can use. Harassment under the FDCPA includes calling before 8 a.m. or after 9 p.m. in your time zone, calling your workplace if your employer forbids it, calling repeatedly to annoy you, using profanity or threats, claiming they will have you arrested, or contacting you after you have asked them to stop in writing.
Debt collectors also cannot tell other people about your debt (except your spouse, parent if you are a minor, your attorney, or a credit reporting agency), cannot misrepresent the amount owed or their authority to collect, and cannot threaten to take action they do not intend to take or cannot legally take. If a collector says they will sue you, they must actually intend to sue — not just use it as a scare tactic.
State laws often add more protections on top of the FDCPA. Some states limit how many times a collector can call in a week, require collectors to identify themselves by name, or restrict calls on weekends. Your state attorney general's office can tell you what extra rules explore where you live.
Key Takeaways
- The FDCPA forbids calls before 8 a.m. or after 9 p.m., repeated calls meant to annoy you, threats of arrest or wage garnishment they cannot carry out, and contact after you have told them to stop in writing.
- You can send a written cease-and-desist letter demanding the collector stop contacting you, and they must obey within a few days or face penalties.
- Debt collectors must send you a written notice within five days of first contact that states the debt amount, the creditor's name, and your right to dispute the debt.
- You can file a complaint with the Consumer Financial Protection Bureau (CFPB), your state attorney general, or your state's banking regulator, all at no cost.
- If a collector violates the FDCPA, you can sue them in small claims court or federal court and recover up to $1,000 per violation plus actual damages and attorney fees.
How to send a written cease-and-desist letter
The most direct way to stop contact is to send a letter demanding the collector stop calling, texting, emailing, or writing to you. This must be in writing — a phone call does not count. Send it by certified mail with return receipt so you have proof the collector received it. Keep a copy for your records.
The letter does not need to be long or formal. It should state your name, the account number or debt in question, and a clear statement: "I am requesting that you cease all contact with me regarding this debt." You can add "Do not call, text, email, or write to me about this account" to be explicit. Sign and date it. Once the collector receives the letter, they must stop contacting you except to say they will stop or to tell you they are taking a specific action like filing a lawsuit.
Send the letter to the address on any written notice the collector has sent you, or to the address listed on their website. If you do not have an address, call and ask where to send written correspondence. Keep the certified mail receipt — if the collector contacts you again after receiving your letter, that receipt proves they violated the law.
The debt validation notice and how to dispute what you owe
Within five days of first contacting you, a debt collector must send you a written notice that includes the amount of the debt, the name of the creditor, and a statement of your right to dispute the debt. This is called the validation notice. If you do not receive this notice, the collector has violated the FDCPA.
You have 30 days from receiving the notice to send a written dispute if you believe the debt is not yours, the amount is wrong, or you have already paid it. Send your dispute by certified mail. The collector must then stop collection efforts until they send you proof that the debt is valid — usually a copy of the original contract, a statement showing what you owe, or a court judgment.
Disputing the debt does not erase it if it is real, but it forces the collector to prove it before they can keep trying to collect. If they cannot provide proof, they must stop. If the debt is yours but the amount is wrong, your dispute gives you time to gather evidence of what you actually owe.
Filing complaints with government agencies
The Consumer Financial Protection Bureau (CFPB) takes complaints about debt collector violations at consumerfinance.gov. You can file online, by mail, or by phone at 855-411-2372. The CFPB investigates and can order the collector to stop the behavior and pay you damages. Filing a complaint costs nothing and does not require a lawyer.
Your state attorney general also investigates debt collection complaints. You can find your state attorney general's office through the National Association of Attorneys General website (naag.org) or by searching "[your state] attorney general debt collection complaint." Many states have a dedicated consumer protection division that handles these cases.
Some states have a banking regulator or consumer finance agency that oversees debt collectors. Your state attorney general's office can direct you to the right agency. Document every violation — write down the date, time, caller's name if given, what was said, and whether it violated the FDCPA. This record helps investigators and strengthens your case if you decide to sue.
Suing a debt collector in small claims or federal court
If a collector violates the FDCPA, you can sue them for up to $1,000 per violation, plus any actual damages (like lost wages if you had to miss work because of harassment), plus attorney fees if you win. You do not need a lawyer to file in small claims court, and the filing fee is usually under $200.
Small claims court handles cases up to a certain dollar amount — usually $5,000 to $15,000 depending on your state. If your damages are larger or you want a lawyer to represent you, you can file in federal district court instead. Many consumer lawyers work on contingency, meaning they take a percentage of what you win rather than charging upfront fees.
To sue, you need the collector's legal name and address. This is usually on the letters they sent you or on their website. File in the court in your county or the county where the collector is located. Include copies of any written violations — letters, texts, emails, or the certified mail receipt showing they contacted you after you told them to stop.
What to do if the debt is legitimate but you cannot pay
Stopping harassment does not erase a real debt. If the debt is yours and you cannot pay it in full, you have other options. You can contact the original creditor (not the collector) and ask about a payment plan, settlement, or hardship program. Some creditors will negotiate a lower amount if you can pay a lump sum.
You can also work with a nonprofit credit counselor through the National Foundation for Credit Counseling (nfcc.org) to create a debt management plan. This is different from debt settlement companies — credit counselors do not charge upfront fees and do not promise to erase debt. They help you understand your options and negotiate with creditors directly.
If you are being sued by a debt collector, you have the right to defend yourself in court. Some collectors file lawsuits knowing the defendant will not show up — if you receive a court summons, respond within the important date or you will lose by default. The court can then order wage garnishment or bank account levies.
Protecting yourself from future harassment
Keep records of all contact from debt collectors. Save letters, take screenshots of texts or emails, and write down the date and time of calls with the caller's name if given. This documentation is your evidence if you need to file a complaint or sue.
Do not give a debt collector your work number unless you have to. If they call your workplace, tell your employer you have asked them not to and that continued calls may violate federal law. Your employer can then tell the collector to stop.
Be cautious about debt settlement or credit repair companies that claim they can erase debt or stop collectors. Many charge high fees upfront and deliver little. The CFPB and Federal Trade Commission (FTC) warn against these services. You can handle disputes and complaints yourself at no cost, or hire a lawyer on contingency if you want to sue.
Frequently Asked Questions
Can a debt collector call my family or friends about my debt?
No. Under the FDCPA, collectors can only contact your spouse, parent (if you are a minor), your attorney, or a credit reporting agency. They cannot tell anyone else about your debt. If a collector calls your family or friends to discuss your debt, that is a violation. They can call to locate you, but they cannot say why they are looking for you.
What if I cannot afford to pay the debt but want to stop the calls?
Send a written cease-and-desist letter. The collector must stop contacting you even if you owe the debt. However, they may then file a lawsuit instead. If sued, you can defend yourself in court and ask about payment plans or settlements. A nonprofit credit counselor can also help you negotiate with the original creditor before a collector gets involved.
How long does a debt collector have to prove the debt is real?
If you dispute the debt in writing within 30 days of receiving the validation notice, the collector must send you proof before continuing collection efforts. This usually takes two to four weeks. If they cannot provide proof, they must stop trying to collect.
Can I be arrested for owing a debt?
No. Debtors' prisons do not exist in the United States. A collector who threatens arrest is violating the FDCPA. However, if you are sued and lose, the court can order wage garnishment or bank levies — but not jail time for the debt itself. You can be arrested only if you violate a court order, such as ignoring a wage garnishment.
What if the same collector keeps calling after I sent a cease-and-desist letter?
Document each call with the date, time, and caller's name. File a complaint with the CFPB and your state attorney general. You can also sue the collector in small claims court for violating the cease-and-desist letter. Each call after receiving your letter is a separate violation worth up to $1,000.