Jeanine Skowronski| Credit.com
Getting a debt collection call is never fun.
Even in a best-case scenario — it’s your debt and you can pay — that outstanding account can cause a headache or two. And if the debt’s contentious, not yours or just too darn high, the situation can become (or at least feel) a lot more dire. But knowledge is a superpower when it comes to dealing with a debt collector in any shape or form.
Here are 50 things anyone who’s gottena debt collection call should know.
1. You have rights
Yes, a debt collector has every right to collect on a debt you legitimately owe, but there are rules and restrictions — formally known as the Fair Debt Collection Practices Act (FDCPA) — that govern how they can go about their business.
2. Olddebtsexpire
Each state also has lawsspecifying how long collectors have tosue you over a debt. In most states, these time limits last for four to six years after the last payment made on the account. You can consultthis chart to determine your state’s statutes of limitations(SOL)— and if you get a call about a very old debt, you should reallyconsult this chart, because …
3. Zombie debts are real …
Collection accounts getresold all the time, and it’s not uncommon for someone to get a call about a debt that’s outside the SOLor no longer owed. The latter is illegal, but the former may not be: The SOL applies to how long a collector has to sue you over a debt, but, in many cases, they can still try to get you to pay.
4. … & you can wind up reanimating them
If the old account is legit, you can unwittingly restart the clock on the SOLby paying part of the debtor even agreeing over the phone that it’syours. If you get a call about a debt, be sure to get all the details before saying you owe. That due diligence is doubly important because …
5. There are a lot of scammers out there
That’s not to say you’re talking to one, but you’ll want to stay on guard. “Ask the caller for their name, company, street address, telephone number and if your state licenses debt collectors, a professional license number,” writes the Consumer Financial Protection Bureau (CFPB), which has more tips for spotting a debt-collection scam on its website.
6. You’re entitled to written verification
In fact, FDCPA requires a collector to send a statement outlining the specifics of the debt within five days of contacting you. That notice — which is basically step one indetermining whether a debt’s legit — must include the amount of money you owe, the name of the original creditor and what actions to take if you believe the information is wrong.
7. You can dispute the debt
Debt collectors must investigate a debt so long as you file a dispute in writing within 30 days of their initial contact — and they’re to cease contact until they verify (again in writing) that you owe the amount in question.
8. Collectors can’tjust inflate what you owe
Regarding that amount: A debt collector can charge interest, but only up to the amount stipulated in your contract with the original creditor. Most states also cap the amount of interest and fees a debt collector can charge.
9. You can ask themto stop calling
Per FDCPA, a collector must cease contact ifyou send a letter requesting they do so. That letter won’t absolve you of a legitimate debt, but it can curb incessant and heated phones calls, which is important because …
10. Too many calls are illegal
Another facet of FDCPA: Collectors can’t call you too early in the morning (before 8 a.m.), too late at night (after 9 p.m.), too many times a day or at work once you tell them not to. They’re alsonot allowed to use abusive language — no cuss words or name-calling.
11. Collectors can contact friends & family
But only to locate you. They can’t identify themselves as a debt collector, and there are limits on the number of times they can contact a third party.
12. You can’t inherit a debt
Speaking of family, you can’t inherit a loved one’s debt after they die — unless, of course, you cosigned on the loan in question. Debts owed by the deceasedare generally paid out of their estate, not by friends or family, so don’t panic if you’re an executor. You can learn more about dealing with a loved one’s debt after deathhere.
13. Ignoring a debt can have big consequences
It can be tempting to cut off communication with debt collectors, particularly if they’re stepping out of line. But doing so won’t make that debt go away. And a debt collection account can just lead to a whole lot of phone calls. For one …
14. That account can appear on your credit report …
Debt collectors can report outstanding accounts to the consumer credit bureaus. You can check for oneby pulling your free annual credit reports or viewing your free credit report summary on Credit.com.
15. … But only if they’re accurate
You can dispute an erroneous debt collection account or an error on a legitimate one, like an inaccurate balance or payment status, with the credit bureaus.
16. Resale of the debt won’t restart the reporting clock
If your debt changes hands, as collection accounts often do, that sale does not restart the seven-year credit reporting window. If the new collector re-ages the account, you can dispute the date with the credit bureaus. And if the same account is being reported by multiple collection agencies, that’s a violation of the Fair Credit Reporting Act (FCRA), and you can dispute the accounts listed by the agencies that no longer own the debt, too.
17. You’ll soon get extra time to settle medical debts
Thanks to a settlement brokered by state attorney generals back in 2015, the credit bureaus will soon wait 180 days from the timea medical debtwas first reported before adding it to your credit file, giving you moretime to address bills with your insurance and health care providers. (The settlement gave the bureaus a little over three years to implement these changes.)
18. Not all collectors report right away
Some collectors will hold off on notifying the bureausso they can use credit reporting as leverage to get you to pay. This practice is important to note, because it means …
19. You can owe a debt that’s not on your credit report
Checking your credit can help you verify a debt or track down a debt collector you’re looking to pay, but don’t take an account’sabsence as absolute proof you don’t actually owe. The collector just may not have reported it to the bureaus yet.
20. Many collectors are willing to negotiate
Collectors often buy debts for pennies on the dollar, so they don’t need to recoup the full amount to turn a profit — and yes, that means one may be willing to let you settle for less. You can find tips for negotiating with collectors (and creditors) here.
21. It’s important to get an agreement in writing
If your negotiation tactics work, be sure to get the terms the collector is agreeing to in writing — particularly if theyinvolve skipping further adverse action against you.
22. A collection account will hurt your credit score …
If it hits your report, a single collection account can cause your credit score to drop50 to 75 points or more. The better your score, the harder the fall.
23. … For quite some time …
Collection accounts, paid or unpaid, canbe reported to the credit bureaus for seven years, plus 180 days from the date the original account went delinquent, though its effect on your score will lessen over time. (We’ve got more on how long stuff stays on your credit report here.)
24. … Even if you pay …
You read that right: Paying a collection account won’t guarantee removal from your credit reports. In fact, thanks to their contracts with the credit bureaus, most collection agencies will continue to report the account for that full seven-year timeframe — though there are signs that’s changing.
25. … But there are reasons to settle
If the account is sticking around, make sure it’s at least (correctly) reported as paid. Paid collections carry less weight than unpaid ones, and some newer credit scoring models even ignore them entirely. Beyond that, settling a debt can stop a collector from taking further action against you. Don’t panic, though …
26. The debt itself won’t land you in jail
You can’t be arrested just because you owe someone money, so if a debt collector keeps talking jail time, they’re seriously out of line.
27. No threats allowed
In fact, they’re illegal. FDCPA prohibits dire threatsof arrest, violence or even a lawsuit if the collector doesn’t intend to file one. Having said that …
28. You can be sued
So long as the statute of limitations in your state haven’texpired and you legitimately owe, though there’s no guarantee a collector won’t try to get a court ruling on a debt you’re contesting or otherwise unable to pay.
29. Small payments won’t you spare you
A debt collector can still move to sue you for the outstanding balance so long as it’s legit and within the SOL. That’s why, as we mentioned earlier, it’s important to get a payment agreement in writing. A signed agreement not to sue could hold up in court, but even if you have one don’t ignore a court summons.
30. Skipping a court datecan cost you
Failure to appear in court could result in a warrant for your arrest, which is why confusion persists as to whether an unpaid debt can land you in prison. It’s morelikely your absence will neta default judgment for the collector, whichcan lead to garnishment.
31. Garnishment letsa collector seize funds …
Usually they’ll garnish your paycheck or levyyour bank account. In most cases, however, the collector can’t do this without a court order. (The exceptions are back taxes, outstanding federal student loans and unpaid child support.)
32. ... There are limits tohow much they can take
Garnishment caps are established by federal law and state law, meaning they can vary, depending on where you live. Some states don’t allow garnishment on certain types of debt at all. You can consult a local consumer attorney or call your state Attorney General’s office to get an idea of the laws in your area.
33. Certain assets are safe from garnishment
Those assets include Social Security, disability and retirement accounts, though things get tricky oncethose funds hit your bank account, and there are exceptions here, too, that usually involveunpaid federal debts.
34. A judgment isn’t always final
In certain circ*mstances — say you weren’t properly served papers notifying you of the lawsuit — you can ask the court to re-open a judgment or formally file an appeal.
35. It can also be settled
Since it can be difficult to collect on a judgment, especially if your wages or assets can’t be garnished, a collector may be willing to accept a lump sum payment to put the debt to bed. Again, just make sure you get an agreement in writing before forking over any funds.
36.A judgment can blemish yourcredit …
Technically, unpaid judgments can remain on your credit reports for seven years or the governing statute of limitations, whichever is longer. Once paid, a judgment must be removed seven years after the date it wasentered by the court.
37. … But it’s getting harder
Starting July 1, the credit bureaus won’t list ajudgment on your credit report unless it includes, at a minimum, your name, address, Social Security number and/or date of birth. Plus, judgments will be removed ifpublic records aren’t checked for updates at least every 90 days.
38. Judgments can involve interest
But, again, only at the rate specifiedin the contract you signed with the creditor. There are state-level caps and restrictions at play here as well.
39. Judgmentscan expire
The collector has a set time in which they can collect on a judgment. This SOL varies by state but is often 10 to 20 years long and in most states it can be renewed. That’s why …
40. Judgments are best avoided
It can be tempting to try to ride out your state’s SOL, but unless you’re very near or past that due date, it’s not really worth chancing a lawsuit, judgment and subsequent garnishment (with interest!), not to mention the big damage an unpaid account can do to your credit. If you do have a judgment against you, you may want to consider settling.
41. You can sue a debt collector …
Not simply as a means to get out of a debt you do owe, but if a collector is in clear violation of FDCPA, you can file a claim against them so long as it’s within one year of the date the law was violated. You’ll need proof that the collector broke the law, though, so it’s important to catalog your communicationswith a debt collector — even before things potentially take a turn for the worst.
42. … Even if they have the wrong number
A collector shouldn’t be bothering you about a debt you don’t actually owe, so if they continue to harass you after you’ve made it clear you’re not the person they’re looking for, that’s grounds for a lawsuit.
43. Robocalls to your cell are a big no-no …
Thanks tothe Telephone Consumer Protection Act (TCPA), those are illegal. Per TCPA, companies, not just collection agencies, can’t call you on your cellphone using an automated telephone system or pre-recorded messagewithout your consent.
44. … Unless they’re on behalf ofUncle Sam
One big exception to the rule: Debt collectors working on behalf of the federal government can autodial you, but they’re currently limited to three robocalls a monthunless you give them permission to call more.
45. Hiring a lawyer may not cost you …
Attorneys specializing in debt collection cases typically offer a free consultation — and many will oftenrepresent you for free if they think a collector has broken the law. (They’ll collect their fees from the plaintiff.)
46. … And should cease communications
In general, a debt collector can’t contact you if you tell them you have an attorney and thatattorney is handling your debts.
47. You can report rule-breakers …
Debt collection agencies fall under the purview of the CFPB, so if you’re dealing with a debt collector who’sway over the FDCPA line, you can file a complaint with the bureau.
48. … And scammers, too
If they’re trying to scam you, there’s a good chance they’re trying to scam others, too. That’s why it’s important to file a complaint with the Federal Trade Commission and your state Attorney General’s officeso they can investigate the callers.
49. Bankruptcy is an option ...
Collectors can’t try to recoup a debt discharged in bankruptcy, but that doesn’t mean you should rush to file. For starters, not all debts are dischargeable. Plus …
50. ... But it’ll wreck your credit
Bankruptcy is a major credit score killer. It can causeyour score todrop as much as 200-plus points when it hits your file. And you’ll be stuck with the big, old blemish for quite some time. Some bankruptcies can stay on your credit for up to 10 years and can affect your ability to get a loan that entire time. If you’re considering bankruptcy, be sure to consult with a consumer attorney.
Remember, there are ways to keep a debt from going to collections. If you fall behind on your payments, contact your creditor immediately to see if you can work out a payment plan or refinance. And keep an eye on your mail: Sometimes bills, particularly medical debts, go to collections simply because you don’t know you owe.
Want to make sure you don’t go inthe red? We’ve got 50 ways to stay out of debt right here.
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This article originally appeared on Credit.com.
Jeanine Skowronski is the executive editor of Credit.com. Her work has been featured by The Wall Street Journal, American Banker, TheStreet, Newsweek, Business Insider, Yahoo Finance, MSN, Fox Business, Forbes, CNBC and various other online publications. Follow her at @JeanineSkoMore by Jeanine Skowronski
