Debt Collector Harassment: Know Your Rights

Owing money does not mean you have to take abuse. The law says a collector cannot harass you. Here is what crosses the line, how to write it down, and who to tell.

Fact CheckedAdvertiser Disclosure
By ReliefGuardian Editorial TeamReviewed byJames Russell, Senior Debt Relief SpecialistJames RussellSenior Debt Relief Specialist

What Counts as Harassment

Calling over and over to wear you down

Threatening to hurt you

Swearing at you or calling you names

Lying about what you owe or what can happen to you

Publishing a list of people who supposedly will not pay, apart from normal credit reporting

Calling and not telling you they are a debt collector

The exact rules on call times and how often they can dial are in debt collection calls, and the law behind all of it is the FDCPA.

Harassment or Just Annoying?

There is a line here and it helps to know where it sits. A collector calling a couple times a week and mailing letters about money you really owe is legal, even though you hate it. What breaks the law is how they do it. Dozens of calls in a day. Dialing right back the second you hang up. Cursing. Threatening. Making things up about what happens if you do not pay. If someone tells you "we will have you arrested Friday if you do not pay," that is a lie. You do not go to jail over a credit card. That is a violation, not hard-nosed collecting.

Write It All Down

Keep a call log. Save voicemails and texts. Hang onto every letter. This is the part people skip, and it is the part that decides whether anyone can help you. One line like "3/14, 7:45am, called four times in an hour, said I would be arrested" is worth more than an hour of explaining.

  • Date, time, the number, and the name and company the caller gave
  • The words they used, especially any threat or claim that sounded false
  • Voicemails and texts kept as they are. Do not delete them.
  • Every letter, even the boring ones

Who to Report It To

  1. File with the Consumer Financial Protection Bureau at consumerfinance.gov/complaint. See what the CFPB does.
  2. File with the FTC at reportfraud.ftc.gov.
  3. Call your state attorney general's consumer office. A lot of states have their own collection laws with extra teeth.
  4. Talk to a consumer protection attorney. The FDCPA can pay damages even if you lost no money, though it always comes down to your own facts.

Where People Get Caught

  • Waiting until it gets bad enough to start writing it down. Start with the first call that felt wrong. The pattern is the case.
  • Getting into it with them on the phone. Ask who they are, then hang up if it turns ugly.
  • Figuring nothing can be done because it was only words. Threats and abusive language break the law on their own.

FAQ

Can I sue a collector for harassment?

Yes. The FDCPA lets you sue on your own, usually within one year of what they did. Have an attorney look at your situation first.

Will a cease and desist letter stop it?

It stops most contact. Read cease and desist letters for what it does not stop.

What if this is not even a real collector?

See debt collection scams for how to spot a fake and where to report it.

Sources

Federal rules are cited directly. State law varies, so state-specific timelines and exemptions should be confirmed with your state's statutes or a local attorney.

Related Articles

Next: Statute of Limitations on Debt

This information is for general education only and is not legal advice. Debt collection laws vary by state and change over time. Consult a licensed attorney for advice specific to your situation.