If your phone has turned into a debt-collector alarm clock—morning calls, evening calls, calls at work, calls after you’ve asked them to stop—you’re not alone. And here’s the part most people don’t realize: a lot of collection behavior is illegal, even if you truly owe the debt.
This post breaks down what debt collectors can do, what they can’t do, and what you should document right now if the calls and messages are getting out of control.
First: Who is covered by the FDCPA?
The Fair Debt Collection Practices Act (FDCPA) generally applies to third-party debt collectors (collection agencies, debt buyers, law firms collecting a consumer debt). It often does not apply to the original creditor collecting its own debt—though other laws may still apply.
If you’re not sure whether the caller is the original creditor or a third party, that’s common. A quick way to tell: ask for the company’s full legal name, mailing address, and whether they are collecting for themselves or on behalf of someone else.
Common “pressure tactics” that may cross the line
Debt collectors are allowed to contact you to collect a debt. They are not allowed to harass, threaten, or mislead you.
Here are examples of conduct that may violate the FDCPA (depending on the facts):
- Calling repeatedly with the intent to annoy, abuse, or harass
- Using obscene or abusive language
- Threatening arrest, criminal charges, or jail (consumer debt is typically civil, not criminal)
- Threatening actions they don’t intend to take (like “we’re filing tomorrow” when they aren’t)
- Misrepresenting the amount owed or adding unauthorized fees
- Calling you at unusual times (generally before 8 a.m. or after 9 p.m. local time)
- Contacting you at work after you tell them you can’t receive calls there
- Discussing your debt with other people (family, neighbors, coworkers) in a way that reveals the debt
- Pretending to be a lawyer or sending letters that look like court papers when they aren’t
Even one call can matter. Patterns matter even more.
“They said they’re going to garnish my wages.” Can they?
Wage garnishment usually requires a court judgment. That means a lawsuit was filed, you were served, and the collector won (or you didn’t respond and a default judgment was entered). If someone is threatening garnishment but no lawsuit exists, that threat may be misleading.
If you’ve been sued already, that’s a different situation—still manageable, but time-sensitive.
The #1 mistake people make: arguing on the phone
When you’re stressed, it’s natural to explain, negotiate, or defend yourself. But collectors are trained for that.
Instead, shift to documentation mode:
- Get the caller’s name, company, and callback number
- Ask what debt they claim you owe and who the original creditor is
- Write down the date/time and what was said (word-for-word if possible)
- Save voicemails
- Screenshot texts
- Keep envelopes and letters
If you can do one thing today: start a call log. A simple note in your phone works.
Your right to request validation (and why it matters)
In many cases, you have the right to request debt validation—basically, proof of what they’re collecting and why you owe it.
Collectors are required to send certain information in writing (often within a set time after initial contact). If you dispute the debt in writing within the allowed window, they may have to pause collection until they provide verification.
Validation can be especially important when:
- The debt isn’t yours
- The amount is wrong
- The debt is old
- You already paid
- You were a victim of identity theft
- The collector is a debt buyer with messy records
What if the debt is real?
Even if the debt is valid, collectors still have to follow the law. You can have two things be true at once:
- You owe money (or they claim you do), and
- Their collection behavior is illegal.
That’s why it’s worth getting legal advice early—before the situation escalates into a lawsuit or judgment.
Quick checklist: What to do in the next 24 hours
- Don’t ignore letters (especially anything that looks like a lawsuit)
- Save everything (texts, voicemails, letters, envelopes)
- Write down the last 10 contacts (dates/times + what happened)
- Stop phone arguments; keep communications short and factual
- Get help if calls are constant, threatening, or deceptive
Talk to a consumer law firm (before it gets worse)
If you’re dealing with aggressive collection calls, threats, or misleading letters, you may have options—sometimes without paying attorney fees out of pocket depending on the claim and statute.
Call 855-978-6564 or email info@ginsburglawgroup.com to discuss what’s happening and what documentation to gather next.
This article is general information and not legal advice. Outcomes depend on facts, evidence, and jurisdiction.
