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A debt collector just wrote to you. The next 30 days carry the strongest leverage you’ll ever have on this debt. Under 15 USC § 1692g(a) you can demand validation in writing — and until they prove the debt, collection must stop. Most collectors fail to validate. Many accounts vanish from credit reports as a result.
If they have already filed suit, this is the wrong page. Use the “just got served” action plan — the deadlines are tighter and the consequences are harsher.
A phone call leaves no paper trail and is the single most common way debtors waive valuable rights. Everything important must be in writing — the FDCPA only protects what is documented. Hang up if they call. Block the number. Your rights run on the calendar, not their schedule.
Under 15 USC § 1692g(a), a collector's initial written communication opens a 30-day window in which you can dispute the debt. Sending that dispute IN WRITING within the window is what triggers § 1692g(b): the collector must then cease collection until it mails you verification. Until you send it, the collector may keep collecting. The clock starts the day you received the letter — note it on the envelope.
Demand they prove the debt: name of the original creditor, the amount, an itemized accounting, and the chain of title (who sold the debt to whom). Certified mail with return receipt. It is the WRITTEN dispute that triggers § 1692g(b): once it is sent, the collector must cease collection until it mails you verification.
If you want all contact to stop, § 1692c(c) lets you demand it in writing. The collector can still sue you, but they can no longer call, write, or email you about the debt. Useful for stopping harassment while you decide your next move.
Free at AnnualCreditReport.com (the only government-mandated free source). Check whether the collector has reported the debt as an account on your credit report. If anything is inaccurate or unverifiable, you have FCRA dispute rights under § 1681i.
Every state has a SOL on debt collection — typically 3-6 years from the last payment or written acknowledgment. If the SOL has run, the debt is "time-barred" — but that does NOT mean a lawsuit cannot be filed. Collectors do sue on time-barred debt, and the limitations period is a defense you must RAISE in your Answer, not a bar that stops the case by itself. Never ignore a summons because you believe the debt is too old: if you do not answer, the court can enter a default judgment and the defense is waived. NEVER make a payment, even a small one, on a time-barred debt: it can re-start the clock in most states (NY and CA have anti-revival rules; most others permit re-aging).
Under 15 USC § 1692k a court may allow additional damages of up to $1,000 for the ACTION as a whole — § 1692k(a)(2)(A) caps it per action, not per violation — plus any actual damages, and costs and reasonable fees in a successful action. Common violations: continuing collection after validation request, calling at prohibited hours, threatening legal action they cannot or will not take, contacting third parties about your debt. Log everything.