Question 1

Is it legal to dispute a debt?

Accepted Answer

Absolutely. Disputing a debt is a federally protected right under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692g. When you send a written dispute, the debt collector must stop all collection activity until they verify the debt.

Question 2

Will disputing a debt hurt my credit score?

Accepted Answer

Disputing a debt through a collector does not directly affect your credit score. However, if the debt is already on your credit report, you should also file a dispute directly with the credit bureaus under the Fair Credit Reporting Act (FCRA), 15 U.S.C. § 1681i.

Question 3

What is debt validation? Why should I request it?

Accepted Answer

Debt validation is the process by which a debt collector proves that the debt exists, the amount is correct, and they have the legal right to collect it. Under 15 U.S.C. § 1692g, if you send a written dispute within 30 days of first contact, they must cease all collection activity until they verify the debt.

Question 4

Can a debt collector sue me after the statute of limitations?

Accepted Answer

Technically yes, but the lawsuit can be dismissed if you raise the statute of limitations as a defense. The CFPB's Regulation F requires debt collectors to disclose when a debt is time-barred. Filing suit on a time-barred debt without this disclosure is an FDCPA violation.

Question 5

What is the FDCPA and does it apply to me?

Accepted Answer

The Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692 et seq., is a federal law governing third-party debt collectors. It covers personal, family, and household debts including credit cards, medical bills, auto loans, and student loans. If you are in the US and being contacted by a debt collector about a personal debt, the FDCPA almost certainly applies to you.

Question 6

Can debt collectors call my workplace?

Accepted Answer

Debt collectors are prohibited from contacting you at work if they know or have reason to know your employer prohibits such calls (15 U.S.C. § 1692c(a)(3)). By sending a written notice, you put the collector on notice — any further work calls are a knowing FDCPA violation.

Question 7

Can a debt collector contact my family or friends?

Accepted Answer

Only in very limited circumstances. Under 15 U.S.C. § 1692b, a collector may contact third parties only to locate you, and even then cannot tell them you owe a debt. Once they have your contact information, they may not contact any third party about your debt.

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