7 things debt collectors are required to tell you
If you've been on the receiving end of the debt collection process, you may feel like the debt collector holds all the power in the situation. After all, debt collectors have numerous tools at their disposal to try and collect what's owed. And, if the debt collector decides to take an aggressive approach to your debt, some of those tools — like lawsuits and wage garnishments — could have a seriously detrimental impact on your finances.
And while debt collectors do have a lot of power in that situation, they also have more obligations to you than you might realize. Federal law — and the Fair Debt Collection Practices Act (FDCPA), in particular — requires them to provide specific information about your debt and also outlines your rights during the collection process. The problem is, though, that many Americans are unaware that these requirements exist, leaving them vulnerable to aggressive or unfair collection practices.
But when debt collectors fail to meet these requirements, they open themselves up to legal consequences — including the possibility of having their collection efforts dismissed entirely. So, if you have debt in collections, it can benefit you to know exactly what debt collectors are required to tell you.
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7 things debt collectors are required to tell you
Here's what debt collectors are legally required to tell you:
The name of the current creditor and their company information
Debt collectors must send a written notice stating the name of the creditor to whom you currently owe the debt within five days of first contacting you. If your debt has been sold or transferred to another company, this might be different from the original creditor. The debt collector must also provide their company's name, address and phone number. Keep this information on hand — you may need it if you decide to dispute the debt or file a complaint later.
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The amount you owe with a detailed breakdown
The debt collector must also tell you the exact amount of the collection debt, including a clear breakdown of the principal, interest, fees and other charges. This information helps you verify whether the amount matches your records and understand how the total was calculated. If the amount seems incorrect, request an itemized statement showing how fees and interest were applied. You have the right to question any charges that seem excessive or unauthorized.
Your right to dispute the debt within 30 days
Debt collectors must inform you that you have 30 days from their initial communication to dispute the validity of the debt. If you request verification during that 30-day period, the debt collector must cease collection efforts until they provide it. This verification process is your opportunity to challenge whether you owe the debt or if the amount is correct. Mark your calendar when you receive the first notice, as this deadline is crucial for protecting your rights.
Their identity as a debt collector (Mini-Miranda warning)
Every time they contact you, debt collectors must identify themselves and clearly state that they are attempting to collect a debt. This is known as the "Mini-Miranda" warning, and it must include the statement that any information obtained will be used for debt collection purposes. If someone calls about a debt but refuses to provide this warning, they may be violating the law, so keep a log of all communication and note whether this disclosure was made.
Information about time-barred debts
If a debt is beyond the statute of limitations (which varies by state and type of debt), debt collectors must inform you of this fact. They also must tell you that making even a small payment could restart the clock on the statute of limitations. This is crucial because making a partial payment on an old debt can revive the collector's ability to sue, so you should always check your state's statute of limitations before making any payments on old debts.
Your right to stop communications
Debt collectors must inform you that you have the right to request they stop contacting you. You can make this request in writing, and once received, they can only contact you to inform you of specific actions, like a lawsuit being filed over the debt. While this stops the calls and letters, though, it doesn't eliminate the debt. The collector or creditor can still take legal action to collect.
Details about the original account
Upon request, debt collectors must provide information about the original account, including when it was opened, when the last payment was made and when it went into default. This information is important for verifying that the debt is yours and that the timeline aligns with your records. If the debt collector can't provide this information, the debt may be considered uncollectible.
The bottom line
Knowledge is power when dealing with debt collectors. Don't be afraid to assert your rights and request the information you're legally entitled to receive. If a debt collector fails to provide any of the required information outlined above, document the interaction and consider filing a complaint with the Consumer Financial Protection Bureau (CFPB) or your state's attorney general office. If you're unsure about your rights or need more assistance, it could help to consult with a debt relief expert who can guide you through the process.