Debt Defense, FDCPA

Debt Collection Calls and Texts: What’s Legal, What’s Not, and How to Respond

If you’re getting nonstop calls, texts, or letters from a debt collector, it can feel like you’re being hunted. The good news: you have rights, and collectors have rules.

This post breaks down what debt collectors can and can’t do, what to document, and what steps can help you regain control.

First: Is it a debt collector or the original creditor?

Many consumer protections apply specifically to third-party debt collectors (and in some cases, debt buyers). Original creditors may be subject to different rules depending on the situation and state.

If you’re not sure who is contacting you, ask for:

  • The company name
  • Their mailing address
  • The name of the original creditor
  • The account number they’re referencing

Common illegal tactics (and why they matter)

Collectors are generally not allowed to:

  • Call repeatedly with the intent to harass
  • Use obscene or abusive language
  • Threaten arrest or criminal charges
  • Lie about the amount owed
  • Pretend to be an attorney (or imply legal action they can’t take)
  • Contact you at inconvenient times (typically very early or late)
  • Discuss your debt with third parties (with limited exceptions)

If any of these are happening, document it.

What to document starting today

Evidence is everything. Create a simple log (notes app is fine):

  • Date/time of each call or text
  • The phone number used
  • What was said (exact phrases if possible)
  • Voicemails (save them)
  • Letters and envelopes (keep originals)

Also screenshot caller ID entries and text messages.

You can tell them to stop contacting you

In many situations, you can send a written request directing a collector to stop contacting you.

Important: stopping contact doesn’t necessarily make the debt disappear. It can change how the collector proceeds (including potential litigation). That’s why it’s smart to get advice tailored to your situation.

What if you’re being sued?

If you’ve been served with a lawsuit, do not ignore it. Deadlines move fast.

A consumer attorney can help you:

  • Evaluate defenses
  • Respond on time
  • Challenge standing and documentation
  • Negotiate from a stronger position

What if the debt isn’t yours?

Mistaken identity and mixed files happen more than people think. If the debt is not yours or the amount is wrong:

  • Request validation in writing
  • Ask for documentation showing you owe the debt
  • Dispute inaccurate credit reporting (if applicable)

The emotional side matters, too

Debt collection harassment can impact sleep, work, and mental health. You’re not “too sensitive” for feeling overwhelmed. The law recognizes that abusive collection tactics cause real harm.

Bottom line

You don’t have to tolerate harassment. Start documenting, get clarity on who is contacting you, and get legal guidance if the conduct crosses the line or if a lawsuit is involved.

If you’re dealing with aggressive debt collection calls or a debt lawsuit, Ginsburg Law Group can help you understand your options.

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