Home Blog Debt Collection: Understand Your Rights and Protections

Debt Collection: Understand Your Rights and Protections

This page explains debt collection, how to deal with debt collection disputes, and when to consult with a lawyer from ContractsCounsel.

Jump to Section

Being contacted by a debt collector can be stressful, especially because not all debt collection tactics are lawful or just. There are certain things that debt collectors can’t do, and knowing about them can help you to protect your consumer rights.

In the U.S., the federal Fair Debt Collection Practices Act protects consumers against unfair and illegal debt-collection methods, such as harassment and abuse. You also have the right to seek legal guidance for debt collection.

On ContractsCounsel, an online legal network that connects you with vetted lawyers, you can hire a lawyer if you’re the victim of unjust debt collection. They’ll help you deal with the process and any disputes that arise.

Read the rest of this article to learn more about debt collection, common types of illegal debt collection, and actionable steps you can take when finding yourself in debt.

What are Illegal Debt Collection Tactics?

Just because some debt collection tactics are common, it doesn’t mean they’re always on the right side of the law. Even if you do owe money to a creditor, debt collectors aren’t allowed to use any type of strategy to get you to pay. Here are some examples of misconduct.

Debt Collectors Threaten Jail Time

This is a common scare tactic to try to get you to pay the debt. If you find yourself on the receiving end of it, don’t be bullied. You can’t be put in jail for not paying your debts, so request a written verification of the debt and report the debt collector to the Consumer Financial Protection Bureau (CFPB).

Debt Collectors Communicate with Your Boss or Family

It’s completely out of line for a debt collector to speak to other people in your workplace or family about the debts you owe. You should deal with the privacy violation by reporting the debt collector. Keep a written record of all communications you and others have received from the debt collector.

Debt Collectors Create Fake Penalties or Interest

Some debt collectors might make up additional amounts of money you owe, pretending that you’re forced to pay them. In some cases, they could try to collect money on debts that have previously been settled.

It’s essential to ask the debt collector for a debt validation letter that explains the debt. Send them a formal letter requesting information and they’ll send you proof of your debt, such as the amount owing, payment history, and more.

They’re obligated to send this to you upon your request. It will help you see if the debt is valid or not before you pay it.

Debt Collectors Don’t Provide Information

According to federal law, you have the right to know about details concerning the debt and what company the debt collector is from. It’s always a red flag if the debt collector doesn’t disclose this information.

What Should You Do During Debt Collection Disputes?

If you disagree with the debt you’re owed, there are some important things you should do.

Write Everything Down

Keep track of all communications with the debt collector, including any letters they’ve sent you. This is a good way of gathering evidence to show that the debt collector’s tactics are offensive or to prove that you don’t owe the money.

Within five days after contacting you about the debt for the first time, a debt collector has to send you a written notice informing you of how much money you owe and the name of the original creditor.

Report Violations

Don’t ignore an unlawful debt collector. You can file a complaint against them with the CFPB and your state’s attorney general.

Don’t Pay Illegal Debt Collectors

When in doubt, request debt validation instead of paying the money immediately.If a debt collector is legal, they will provide information about themselves and validation notices. They will never expect you to pay immediately or threaten you with legal action.

Dispute the Request

You can dispute the debt request. According to the Fair Debt Collection Practices Act, this request must be in writing and you should send it within 30 days of receiving a validation notice. The letter must be sent via certified mail.

Consider Sending a Cease and Desist Letter

In some cases, you might wish to send the debt collector a cease and desist letter, such as if they’re harassing you. This document tells them to stop their offensive behavior. However, it’s worth remembering that this letter won’t remove the debt if it’s valid and owing.

On Contracts Counsel, you can post a project for free, requesting that a lawyer drafts your cease and desist letter. You’ll receive multiple lawyer bids, from which you can choose a lawyer to work with. This ensures that your letter is written in a legal, reasonable way.

Should You Contact a Lawyer for Debt Collection and Disputes?

It can be stressful to deal with debt collection, especially if you’re unsure of how to navigate the process or you’re worried about the collector’s threats. These situations can cause you to react emotionally, which could make the situation worse.

There are many advantages to contacting a lawyer to help you with debt collection.

  • Lawyers have extensive legal knowledge. They know what debt collectors are and aren’t allowed to do, and can remind you of your legal rights.
  • Lawyers can recover debts. They’ll use their years of experience and expertise to help you regain your financial losses.
  • Lawyers can draft important documents correctly and so that they’re legally enforceable, such as cease and desist letters.
  • Lawyers can negotiate with creditors or debt collectors on your behalf.
  • Lawyers can keep your debt collection dispute out of court. With their early negotiation, professionalism, and thorough understanding of the situation, they could prevent lawsuits.

How Can You Resolve the Debt?

If your debt is valid and you need to resolve it, it will be your responsibility to do so. This isn’t always easy, especially if you don’t have the funds. Hiring a lawyer can help you to negotiate with creditors so that you can pay the debt off, such as with monthly payments.

You should always keep any negotiations and agreements in writing so that there are no misunderstandings in future.

Do you need a lawyer for a debt collection concern?

Reach out to our lawyers on ContractsCounsel. All lawyers on the platform are vetted and have years of experience in assisting clients with debt collection issues, such as corrupt debt collectors and missed payments. They’ll remind you of your legal rights while protecting your assets and reputation.


ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.


Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,379 reviews

Meet some of our Lawyers

Kimbrelly K. on ContractsCounsel
View Kimbrelly
5.0 (4)
Member Since:
November 1, 2022

Kimbrelly K.

Attorney
Free Consultation
Lake Lure, NC
28 Yrs Experience
Licensed in NC
University of North Carolina at Chapel Hill

Attorney Kegler has been licensed to practice law in ​the State of North Carolina since 1998. Over the years,​ she has worked in firms that focused on small​ business financing, initial startup formation, to​ starting several businesses of her own with bootstrap​ financing to venture capital funding. As a Certified​ Dream Manager, she couples the skills of listening to​ understand the big picture to get to solutions that not​ only fit today's needs but also the long term needs of​ her entrepreneurial clients.​

Recent  ContractsCounsel Client  Review:
5.0

"Kimbrelly was very communicative and easy to work with, she did an amazing job helping me with my graphic design contract!"

Christina S. on ContractsCounsel
View Christina
5.0 (1)
Member Since:
November 1, 2022

Christina S.

Managing Attorney
Free Consultation
Kingsport, TN
15 Yrs Experience
Licensed in TN
Appalachian Law School

I am an attorney who has been practicing for over a decade, experienced in multiple areas of law, both from a litigation and more procedural side. The great thing about my practice is that it has trained me to deal with so many different types of problems and to find solutions in a variety of legal scenarios that are almost never similar.

Recent  ContractsCounsel Client  Review:
5.0

"Christina was prompt and friendly and walked me through the steps I needed to take to file for my name change! She made the process much less intimidating and I highly recommend her services."

Dean F. on ContractsCounsel
View Dean
5.0 (8)
Member Since:
November 18, 2022

Dean F.

Managing Attorney
Free Consultation
Castle Rock, CO
30 Yrs Experience
Licensed in CA, CO, TN
University of Mississippi School of Law

Ferraro Law Firm was founded by Dean C. Ferraro. Dean earned his Bachelor's Degree from California State Polytechnic University, Pomona ("Cal Poly Pomona") in 1992 and his J.D. Degree from the University of Mississippi School of Law ("Ole Miss") in 1996. He is licensed to practice law in the State Courts of Colorado, Tennessee, and California. Dean is also admitted to practice before the United States District Courts of Colorado (District of Colorado), California (Central District), and Tennessee (Eastern District). Shortly after earning his law license and working for a private law firm, Dean joined the District Attorney's office, where he worked for five successful years as one of the leading prosecuting attorneys in the State of Tennessee. After seven years of practicing law in Tennessee, Dean moved back to his birth state and practiced law in California from 2003-2015. In 2015, Dean moved with his family to Colorado, practicing law in beautiful Castle Rock, where he is recognized as a highly-effective attorney, well-versed in many areas of law. Dean's career has entailed practicing multiple areas of law, including civil litigation with a large law firm, prosecuting criminal cases as an Assistant District Attorney, In-House Counsel for Safeco Insurance, and as the founding member of an online law group that helped thousands of people get affordable legal services. Pursuing his passion for helping others, Dean now utilizes his legal and entrepreneurial experience to help his clients in their personal and business lives. Dean is also a bestselling author of two legal thrillers, Murder in Santa Barbara and Murder in Vail. He currently is working on his next legal thriller, The Grove Conspiracy, set to be published in 2023.

Recent  ContractsCounsel Client  Review:
5.0

"I would highly recommend Contract Counsel to friends or family. I received bids relatively quickly and was able to find the best fit for my situation."

Jason P. on ContractsCounsel
View Jason
5.0 (5)
Member Since:
December 1, 2022

Jason P.

Business Lawyer
Free Consultation
Portland, OR
10 Yrs Experience
Licensed in OR, WA
Lewis & Clark Law School

Jason is a self-starting, go-getting lawyer who takes a pragmatic approach to helping his clients. He co-founded Fortify Law because he was not satisfied with the traditional approach to providing legal services. He firmly believes that legal costs should be predictable, transparent and value-driven. Jason’s entrepreneurial mindset enables him to better understand his clients’ needs. His first taste of entrepreneurship came from an early age when he helped manage his family’s small free range cattle farm. Every morning, before school, he would deliver hay to a herd of 50 hungry cows. In addition, he was responsible for sweeping "the shop" at his parent's 40-employee HVAC business. Before becoming a lawyer, he clerked at the Lewis & Clark Small Business Legal Clinic where he handled a diverse range of legal issues including establishing new businesses, registering trademarks, and drafting contracts. He also spent time working with the in-house team at adidas® where, among other things, he reviewed and negotiated complex agreements and created training materials for employees. He also previously worked with Meriwether Group, a Portland-based business consulting firm focused on accelerating the growth of disruptive consumer brands and facilitating founder exits. These experiences have enabled Jason to not only understand the unique legal hurdles that can threaten a business, but also help position them for growth. Jason's practice focuses on Business and Intellectual Property Law, including: ​ -Reviewing and negotiating contracts -Resolving internal corporate disputes -Creating employment and HR policies -Registering and protecting intellectual property -Forming new businesses and subsidiaries -Facilitating Business mergers, acquisitions, and exit strategies -Conducting international business transactions ​​ In his free time, Jason is an adventure junkie and gear-head. He especially enjoys backpacking, kayaking, and snowboarding. He is also a technology enthusiast, craft beer connoisseur, and avid soccer player.

Recent  ContractsCounsel Client  Review:
5.0

"Very nice! Great on responding back and being available! Recommend 100% !"

Karl D. S. on ContractsCounsel
View Karl D.
4.7 (2)
Member Since:
October 28, 2022

Karl D. S.

Attorney
Free Consultation
Middlebury, Connecticut
14 Yrs Experience
Licensed in CT, MA
Pepperdine University School of Law

Karl D. Shehu, has a multidisciplinary practice encompassing small business law, estate and legacy planning, real estate law, and litigation. Attorney Shehu has assisted families, physicians, professionals, and people of faith provide for their loved ones by crafting individualized estate and legacy plans. Protecting families and safeguarding families is his passion. Attorney Shehu routinely represents lenders, buyers, sellers, and businesses in real estate transactions, researching and resolving title defects, escrowing funds, and drafting lending documents. To date, Attorney Shehu has closed a real estate deal in every town in Connecticut. As a litigator, Attorney Shehu has proven willing to engage in contentious court battles to obtain results for his clients. While practicing at DLA Piper, LLP, in Boston, Attorney Shehu represented the world’s largest pharmaceutical companies in multidistrict litigations filed throughout the United States. He has been a passionate advocate for immigrants and the seriously injured, frequently advising against lowball settlement offers. He is willing to try every case to verdict, and he meticulously prepares every case for trial. Attorney Shehu began his legal career as a consumer lawyer, utilizing fee-shifting statutes to force unscrupulous businesses to pay the legal fees of aggrieved consumers. For example, in Access Therapies v. Mendoza, 1:13-cv-01317 (S.D. Ind. 2014), Attorney Shehu utilized unique interpretations of the Trafficking Victims Protection Act, Truth-in-Lending Act, and Racketeer Influenced and Corrupt Organizations Act (RICO) to obtain a favorable result for his immigrant client. Attorney Shehu is a Waterbury, Connecticut native. He attended Our Lady of Mount Carmel grammar school, The Loomis Chaffee School, and Chase Collegiate School before earning degrees from Boston College, the University of Oxford’s Said Business School in England, and Pepperdine University School of Law. At Oxford, Karl was voted president of his class. Outside of his law practice, Attorney Shehu has worked to improve the world around him by participating in numerous charitable endeavors. He is a former candidate for the Connecticut Senate and a parishioner of St. Patrick Parish and Oratory in Waterbury. In addition, Attorney Shehu has written extensively on the Twenty-fifth Amendment and law firm retention by multinational firms.

Myron M. on ContractsCounsel
View Myron
Member Since:
November 3, 2022

Myron M.

Attorney
Free Consultation
Dallas, Texas
28 Yrs Experience
Licensed in TX
South Texas College of Law

For over 20 years Myron E. Mims Esq. has provided legal and consulting services to small and medium sized businesses. Mims served as regional counsel for a real estate investment and development firm where he managed the Company’s contract execution and management, and dispute resolution affairs. Mims was responsible for oversight and risk management of all legal affairs, including management of a robust litigation docket consisting of a seven figure, multi-party construction lawsuit, and multiple vendor and tenant disputes. Mims prepared new contract docs and implemented execution and management processes that lead to the reduction of litigation. As a managing partner of Nixon Mims, LLP Mims provided legal and consulting services to clients of that consisted of real estate, construction, telecommunications, media and food industry businesses. Mims routinely assisted clients with developing corporate governance and management protocols, strategic planning initiatives, and advised clients in the negotiation and execution of complex business transactions. Mims routinely provided operational oversight and technical analysis for management. During this period Mims obtained firsthand experience of the access to capital impediments and challenges that growth-stage businesses face.

Maigan W. on ContractsCounsel
View Maigan
Member Since:
November 2, 2022

Maigan W.

Principal Attorney
Free Consultation
Los Angeles, California
5 Yrs Experience
Licensed in CA
California Western School of LaW

Maigan is a registered nurse and attorney with experience in technology, start-ups, blockchain, healthcare privacy, and employment law. She brings a practical, cross-disciplinary perspective to her work and speaks conversational Spanish. Technology, Start-Ups & Blockchain Maigan served as general counsel for a software-as-a-service company for three years and has a strong understanding of cryptocurrency and smart contracts. She helps businesses form entities; drafts and negotiates contracts and other agreements; assists with trademark applications, terms of service, privacy notices, fundraising; and consults with attorneys seeking blockchain and cryptocurrency experience. Healthcare Privacy As a registered nurse, Maigan brings firsthand healthcare experience to privacy matters. She advises on data breaches and compliance with HIPAA and California privacy laws. Employment Law Maigan represents California employees in matters involving wrongful termination, discrimination, harassment, and retaliation. Her wage-and-hour practice includes claims involving unpaid overtime, missed meal or rest breaks, minimum-wage violations, off-the-clock work, and misclassification as an independent contractor or exempt employee. She also handles employment class actions.

David W. on ContractsCounsel
View David
Member Since:
November 2, 2022

David W.

Attorney
Free Consultation
Texas
10 Yrs Experience
Licensed in TX
South Texas College of Law

Founder David W. Weygandt, the Singing Lawyer, is passionate about helping families and businesses stay in tune with what they care about and avoid conflict. When injustice has been done, David is proud to stand up to the modern Goliath and vindicate your rights on your behalf. David lives and practices law in The Woodlands, Texas, and assists clients all across Texas.

Ari G. on ContractsCounsel
View Ari
Member Since:
November 28, 2022

Ari G.

Of Counsel
Free Consultation
Ann Arbor, MI
5 Yrs Experience
Licensed in MI
University of Michigan

Ari is a transactional attorney with substantial experience serving clients in regulated industries. He has worked extensively with companies in regulated state cannabis markets on developing governance documents (LLC operating agreements, corporate bylaws, etc...), as well as drafting and negotiating all manner of business and real estate contracts.

Jessica F. on ContractsCounsel
View Jessica
Member Since:
January 24, 2023

Jessica F.

Solo Law Practice
Free Consultation
New York, New York
24 Yrs Experience
Licensed in NY
University of Dayton School of Law

I'm a knowledgable and experienced New York licensed attorney with strong contract drafting and negotiation skills, a sophisticated business acumen, and a background working in entertainment and technology law.

Evan F. on ContractsCounsel
View Evan
Member Since:
December 3, 2022

Evan F.

Attorney & Founding Member
Free Consultation
Livonia, MI
6 Yrs Experience
Licensed in MI
Wayne State University Law School

Evan Ficaj Law Firm empowers Michigan entrepreneurs with personalized legal solutions in M&A, LLC, business, contract, entertainment, trademark, and copyright law.

Find the best lawyer for your project

Browse Lawyers Now

Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.

View Trustpilot Review

Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,379 reviews
CONTRACT LAWYERS BY TOP CITIES
See All Debt Collection Lawyers
DEBT COLLECTION LAWYERS BY CITY
See All Debt Collection Lawyers

Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.

View Trustpilot Review

I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.

View Trustpilot Review

I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.

View Trustpilot Review

Need help with a dispute

Create a free project posting
Clients Rate Lawyers 4.9 Stars
based on 24,379 reviews

Want to speak to someone?

Get in touch below and we will schedule a time to connect!

Request a call

Find lawyers and attorneys by city