Frequently Asked Questions

No. StopDebtCallsNow.com is an educational resource that provides information about consumer rights under federal debt collection laws. We are not a law firm, do not provide legal advice, and no attorney-client relationship is formed by using this website. If you need legal assistance, we recommend consulting a licensed attorney in your state.

Yes. Under the FDCPA, you have the right to send a written cease communication request to a debt collector. Once they receive your written request, they must stop contacting you, with limited exceptions such as confirming they will stop contact or notifying you of specific legal action they plan to take.

No. A cease and desist letter stops the communication from the debt collector, but it does not eliminate the underlying debt. The creditor or debt collector may still pursue legal action to collect the debt.

Under the FDCPA, debt collectors can only call you between 8:00 AM and 9:00 PM in your local time zone. They cannot call you at work if they know your employer disapproves, and under Regulation F, they are presumed to violate the law if they call more than 7 times within 7 days about a single debt.

Generally no. Debt collectors are prohibited from discussing your debt with third parties. They may only contact third parties to obtain your contact information, and even then, they typically may only do so once and cannot reveal that they are collecting a debt.

Document the threat, including the date, time, and what was said. Threats of violence, arrest, or actions the collector cannot legally take are violations of the FDCPA. File complaints with the CFPB and FTC, and consider consulting a licensed attorney in your state.

Yes, a creditor or debt collector can file a lawsuit to collect a debt. However, they must follow proper legal procedures. If you are sued, it is important to respond to the lawsuit. Ignoring it could result in a default judgment against you.

Within 5 days of initial contact, a debt collector must send you a written notice with the amount of the debt, the name of the creditor, and a statement of your right to dispute. You have 30 days from receiving this notice to request written verification of the debt.

A debt collector generally cannot garnish your wages without first obtaining a court judgment. Even with a judgment, federal law limits garnishment to the lesser of 25% of disposable earnings or the amount exceeding 30 times the minimum wage. Some states have additional protections.

Under the FDCPA, consumers may be entitled to statutory damages up to $1,000 per lawsuit, actual damages for financial harm, and attorney's fees and court costs. Many consumer protection attorneys handle these cases on a contingency basis.

The statute of limitations for FDCPA claims is generally one year from the date of the violation. However, state laws may provide additional protections with different timeframes. Consult a licensed attorney for advice specific to your situation.

Under Regulation F, debt collectors may contact consumers via text and email, but they must follow specific rules. Each electronic communication must include a clear opt-out mechanism, and the collector must identify themselves as a debt collector.

Tell the collector the debt is not yours, request debt validation in writing, and dispute the debt. If you believe you are a victim of identity theft, file a report at IdentityTheft.gov and consider placing a fraud alert on your credit files.

When you submit your information through our form, we review the details of your situation and someone from our team may follow up with you to provide additional educational resources about your consumer rights. There is no cost or obligation.