A first letter from a debt collector must include a validation notice. If you dispute the debt in writing within 30 days, the collector must pause collection until it sends verification (15 U.S.C. §1692g). A careful written reply protects your rights without admitting the debt.
What the letter must tell you
Within five days of first contacting you, a third-party collector must send a written notice that states the amount owed, the name of the creditor, and your right to dispute the debt within 30 days. The federal Fair Debt Collection Practices Act (FDCPA, 15 U.S.C. §1692 and following) sets this rule. California's Rosenthal Fair Debt Collection Practices Act (Civil Code §1788 and following) adds state protections and also reaches creditors collecting their own debts.
Read it before you react
- Who is writing? A collection agency, a debt buyer, or a law firm acting for one.
- Is it a letter or a lawsuit? A letter is not a court case. A Summons and Complaint is.
- Do the numbers match your records? Check the original creditor, the account, the balance and the dates.
- Is the deadline date on it? Note the day you received it.
Three safe ways to respond
- Request validation in writing. Send a short letter by certified mail asking for proof of the debt and the creditor's identity. Keep a copy and the receipt.
- Dispute what looks wrong. If the amount, dates or account are off, say so in writing and keep it factual.
- Do nothing on the phone you would not do in writing. You can ask for all communication in writing and keep your own call notes.
Whatever you choose, keep every letter, envelope and screenshot in one folder.
What not to say
- Do not say "that is my debt" or promise to pay before you know the collector has the right to collect.
- Do not give bank account or card details over the phone.
- Do not make a small "good faith" payment until you understand how it may affect the time limits on the debt.
Also ask whether the account is old. A very old debt may be past the statute of limitations for a lawsuit, but the rules on when that clock restarts are technical, so check before acting.
When a letter becomes a lawsuit
Collectors sometimes sue if a letter is ignored. If you later receive a Summons, the court deadline is separate from the letter's 30 days. See what to do after a credit card lawsuit.
Frequently asked questions
Does disputing the debt make it go away?
No. It requires the collector to pause and provide verification. If the collector verifies, collection can resume.
Can a collector call me at work?
The law limits when and where collectors may contact you, and you can tell them in writing to stop calling at work. Specific limits are in 15 U.S.C. §1692c.
Do I have to reply to every letter?
Not always, but the first validation notice has a 30-day clock, so read it right away.
Is a letter from a law firm a lawsuit?
No. Only a court-issued Summons and Complaint starts a lawsuit.