A Comprehensive FAQ Guide on Navigating Debt Collection

If you’re falling behind on your bills or someone mistakenly assumes you are, you might hear from a debt collector. The Federal Trade Commission (FTC) ensures that the Fair Debt Collection Practices Act is followed, which means debt collectors must avoid using abusive, unfair, or deceitful tactics.

The law defines a debt collector as anyone who regularly collects debts owed to others. This includes collection agencies, lawyers who handle debt collection, and companies that buy overdue debts to collect them.

Here’s a quick Q&A about your rights under the Act.

**What Debts Are Covered?**
The Act applies to personal, family, and household debts like credit card bills, car loans, medical expenses, and mortgages, but it doesn’t cover business-related debts.

**When Can Debt Collectors Contact Me?**
Collectors shouldn’t call during odd hours or inappropriate places, like before 8 AM or after 9 PM, unless you agree. They also shouldn’t contact you at work if they know your employer doesn’t allow it.

**How Can I Stop a Debt Collector from Contacting Me?**
It’s wise to talk to a debt collector at least once to sort things out. If you don’t want more contact, write a letter to them, keep a copy, and send it via certified mail with a return receipt. They can only contact you again to confirm they won’t reach out anymore or to inform you about specific actions like filing a lawsuit.

**Can a Debt Collector Share My Debt Information?**
If you have an attorney for your debt, the collector must contact them. Without legal representation, collectors can only reach out to others to find out your address, phone number, or workplace.

**What Must a Debt Collector Tell Me About My Debt?**
Debt collectors must give you a written notice within five days of first reaching you, detailing the debt and the creditor’s details.

**What Is Illegal for Debt Collectors to Do?**
Debt collectors cannot harass you or lie about your debt. They can’t use offensive language, threaten violence, or call repeatedly to annoy you. They also can’t falsely claim to be attorneys or government officials or misrepresent the amount of your debt.

**Can I Choose Which Debt My Payments Go To?**
Yes, if you’re paying multiple debts, you can decide which debt your payment should apply to.

**Can a Debt Collector Garnish My Wages or Bank Account?**
If you don’t pay a debt, the creditor or collector may sue you. Wage garnishment, where your employer deducts part of your earnings to pay the debt, usually requires a court order.

**Can Federal Benefits Be Garnished?**
Certain federal benefits are protected from garnishment, but they can be garnished for things like unpaid taxes, alimony, child support, or student loans.

**What If I Think a Debt Collector Broke the Law?**
You can sue the debt collector in state or federal court if you believe they’ve violated the law.

**What If a Debt Collector Sues Me?**
If a debt collector sues, make sure to respond so you can protect your rights and access available debt help.

**Where Can I Report a Debt Collector?**
You can report problems with debt collectors to your state’s Attorney General’s office or the FTC.