Recognize the Tactic
Some collector behavior is just unpleasant. Some of it is actually illegal. Here's how to tell the difference, and which law each tactic breaks.
Threatening arrest or criminal charges
What it looks like: a collector implies or states you could be arrested, jailed, or criminally prosecuted for not paying a debt.
Debt is a civil matter, not a crime. A collector cannot legally threaten arrest for nonpayment.
A debt collector may not use any false, deceptive, or misleading representation in connection with collecting a debt — including a false threat of arrest.
Evidence to keep: call logs, dates/times, and — if in writing — the actual message.
Contacting your employer, family, or neighbors about the debt
What it looks like: a collector calls your workplace or relatives and discusses the debt, beyond simply asking how to reach you.
A debt collector may not communicate about a debt with anyone except you, your attorney, a consumer reporting agency, the creditor, or the attorneys involved.
Next step: ask the third party to note exactly what was said and when, and send the collector a written demand to stop.
Repeated or harassing calls
What it looks like: multiple calls a day, calls that continue after you've asked them to stop, cursing, or intimidation.
A collector may not engage in conduct meant to harass, oppress, or abuse — including causing a phone to ring repeatedly with intent to annoy.
More than 7 calls about the same debt within 7 days, or a call within 7 days of a prior call about that debt, is presumed to be harassment under federal regulation.
Evidence to keep: a simple log — date, time, and caller ID for every call.
Misrepresenting what you owe, or its legal status
What it looks like — any of these:
- Claiming you owe more than you actually do
- Claiming an old debt (sometimes called "zombie debt") is still legally collectible
- Reporting the debt to a credit bureau without noting that you've disputed it
A collector may not falsely represent the character, amount, or legal status of a debt, and may not report credit information known or suspected to be false — including failing to note that a debt is disputed.
Next step: send a written dispute demanding an itemization, and compare it against your own records.
Never saying they're a debt collector
What it looks like: the first call or letter never states that this is a debt collector attempting to collect a debt.
A collector's first written or oral communication must disclose that it is a debt collector attempting to collect a debt, and that any information obtained will be used for that purpose.
Adding fees or interest that weren't in your original agreement
What it looks like: "collection fees," "convenience fees," or interest that doesn't match your original contract.
A collector may not use unfair or unconscionable means, including collecting any amount — interest, fee, or charge — not expressly authorized by the original agreement or permitted by law.
Next step: request the original agreement and compare it line by line against what you're being billed.
Your right to demand proof
Regardless of which tactic you've run into, you have a standing right to make a collector prove the debt is real before you deal with anything else. See the General Playbook for how to use it.