Your Rights with Collectors: FDCPA, Reg F, and Time-Barred Debts

What collectors can/can't do

Under the Fair Debt Collection Practices Act (FDCPA) and Regulation F, debt collectors must follow strict rules. Collectors cannot:

• Harass you: Threaten violence, use profanity, call repeatedly to annoy you, or publish your name as a debtor
• Lie or mislead: Falsely claim to be an attorney, misrepresent the debt amount, or threaten actions they cannot take
• Call at inconvenient times: Call before 8 a.m. or after 9 p.m. (your local time) without your permission
• Contact you at work: If you tell them not to call you at work, they must stop
• Contact third parties: Cannot discuss your debt with family, friends, or employers (except to locate you)
• Continue after you dispute: If you dispute the debt in writing within 30 days, they must stop collection until providing validation

Collectors must:

• Identify themselves: Tell you they are debt collectors and that any information will be used for debt collection
• Provide validation notice: Send you a written notice within 5 days of first contact with debt amount, creditor name, and your right to dispute
• Honor cease and desist: Stop contacting you (except to notify you of specific actions) if you send a written request
• Verify debts: Provide proof of the debt if you request validation within 30 days

If a collector violates these rules, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or Federal Trade Commission (FTC), or sue the collector for damages.

Request validation

You have the right to request debt validation within 30 days of first contact from a collector. Send a written request (certified mail recommended) asking the collector to:

• Verify the debt amount
• Provide the name of the original creditor
• Provide proof that you owe the debt
• Provide proof that they have the right to collect the debt

Once you request validation, the collector must stop collection activities until providing validation. If they cannot validate the debt, they must stop collection and cannot report it to credit bureaus.

Sample validation request: "I dispute this debt and request validation. Please provide proof of the debt amount, the name of the original creditor, and proof that you have the right to collect this debt."

Keep copies of all correspondence and document all phone calls (date, time, collector name, what was said). This evidence can help if you need to file a complaint or lawsuit.

Time-barred debts and statutes of limitations

The statute of limitations is the time limit for creditors to sue you to collect a debt. Once the statute expires, the debt is "time-barred" and creditors cannot sue you (though they can still try to collect).

Statutes of limitations vary by state and debt type:

• Credit cards: Typically 3–6 years (varies by state)
• Personal loans: Typically 3–6 years (varies by state)
• Medical bills: Typically 3–6 years (varies by state)
• Written contracts: Typically 4–6 years (varies by state)
• Oral contracts: Typically 2–4 years (varies by state)

Don't restart the clock: Making a payment, acknowledging the debt in writing, or agreeing to a payment plan can restart the statute of limitations. Before paying an old debt, check if it's time-barred and consult an attorney.

Get legal advice: If you're contacted about an old debt, consult an attorney to determine if it's time-barred and how to respond. Don't admit to the debt or agree to pay without legal advice.

Reg F §1006.26 (no suing on time-barred debts)

Under Regulation F §1006.26, debt collectors cannot sue you on time-barred debts. If a collector sues you on a time-barred debt, you can raise the statute of limitations as a defense.

However, collectors can still:

• Contact you about the debt
• Ask you to pay the debt
• Report the debt to credit bureaus (if not time-barred for reporting purposes)

If you're sued on a time-barred debt: Respond to the lawsuit and raise the statute of limitations as a defense. Don't ignore the lawsuit; if you don't respond, the court may enter a default judgment against you.

Check your state's statute: Statutes of limitations vary by state. Check your state's laws or consult an attorney to determine if a debt is time-barred in your state.

FAQ