FDCPA FAQ

The Fair Debt Collection Practices Act (FDCPA) is a federal law that regulates the collection practices of third-party debt collectors. This federal law protects against harassment, deception and other abusive debt collection practices.

This FAQ page will answer all your questions about the FDCPA. This includes the types of violations it covers, how you can stop them and filing a lawsuit. It will also answer other unique questions you may have about the FDCPA.

Debt collectors can be aggressive when collecting a debt. As a result, it is essential you know what they can and cannot do. Click on any of the articles below to learn more about the FDCPA and your rights.

How Can a Debt Collector Contact Me?

• Can a debt collector come to my home?
• Can a debt collector call me on my cell phone?
• Can you sue a collection agency for calling at odd hours?
• Did a debt collector leave an embarrassing voicemail?
• Has a debt collector called you on a Sunday?
• What to do if a collection agency is robocalling you
• What should I do if a debt collector tries to collect a debt while I’m filing for bankruptcy?
• Why is A Debt Collector Calling Me When I’m Debt Free?
• Why did a debt collector leave a limited-content message? 
• Can debt collectors contact me on social media?

What Can a Debt Collector Take?

• Are debt collectors allowed to pursue student loans?
• Can a debt collector garnish my Social Security benefits?
• Can a debt collector retain your bank account?
• Can a debt collector take my home?
• Can a debt collector take money in my family’s bank account?
• Can a debt collector take my tax refund?

What Can a Debt Collector Do?

What Does a Term Mean?

• What does “sent to collections” mean?
• What is a mini miranda?
• What is an original creditor vs. another creditor?
• What’s the difference between a loan servicer and a debt collector?
• What is the statute of limitations for a debt?
• What are debt collection opt-out notices? 
• What is a debt validation notice?

Claim Questions

• Can I file a countersuit against a collection agency?
• Can I sue a collection agency for damages?
• Can I sue a collection agency in a small claims court?
• Does the FDCPA vary by state?
• How do I file a complaint against a debt collector?
• How do I settle a debt?
• What is needed to file an FDCPA claim?
• What types of damages are involved in an FDCPA claim?
• What materials will I need to keep to have a strong case?
• Proving emotional distress against debt collection harassment
• What can I prepare to prove I was harassed while filing for bankruptcy?
• When can I sue after an FDCPA violation?

Do I Have to Pay?

• Can I ignore a debt collection agency?
• Do I have to pay my spouse’s debt after a divorce?
• How to tell if a collection agency is legitimate?
• What if I’m getting collection calls for someone else’s debt?
• Is a debt collector trying to collect a debt from the deceased?
• What happens if a debt collector harasses me as I’m filing for chapter 7 bankruptcy?
• When will a collection agency sue me?

General

• Are collection agencies required to provide Spanish speaking representatives?
• Are there lawyers that sue collection agencies?
• Can I sue a collection agency for telling others about my debt?
• Can I sue a collection agency for threatening legal action?
• Can I sue a collection agency for threatening wage garnishment?
• Can I sue for wrongful debt collection?
• Can you sue a collection agency for adding interest or fees?
• Can you sue a collection agency for harassment?
• Can you sue a collection agency for lying about your debt?
• How to verify if a debt collector is legitimate?
• What if a debt collector threatened to take me to court?
• What is a debt collection agency?
• What is the Texas Fair Debt Collection Practices Act?
• Will a debt collector ever go away?
• Will a debt collector sue me?
• When does a debt expire?
• What is a scam caller?
• How to protect the elderly from debt collectors?
• What are the most common scams?
• How long before a collection agency can report to a credit reporting company? 
• How long do collections stay on your credit report?