A written dispute stops collection until the collector verifies
15 U.S.C. § 1692g(b)
In plain words
If you dispute the debt in writing within the 30-day validation period, the collector must stop collecting the disputed amount until it mails you verification of the debt or a copy of a judgment. The same applies if you ask in writing for the original creditor's name and address. Federal law sets a low bar for "verification": courts differ, and it does not require the original signed contract.
Who is protected
Consumers contacted by a third-party debt collector (including most debt buyers and collection law firms) about a personal, family or household debt.
When it applies
- Only if a debt collector is involved.
- Only for a dispute or request made in writing within the validation period.
What you can do
Send a written dispute
Say that you dispute the debt (or part of it) and ask for verification and the original creditor. Send by certified mail before the validation end-date.
Deadline: Within the validation period (about 30 days after you receive the notice).
Open the toolIn some states, ask a debt buyer for its documents
States such as California and North Carolina require debt buyers to have or provide chain-of-title and account documents. The tool uses your state's rule only if one applies.
Open the tool
Honest limits
- If you miss the window you can still dispute, but the automatic stop in § 1692g(b) does not apply.
- Federal law does not require a collector to send the original signed contract.
- A dispute does not erase a valid debt, and the creditor may still sue within the statute of limitations.
The law
- Federal lawFDCPA — disputed debts
15 U.S.C. § 1692g(b)
What it says: After a timely written dispute, the collector must cease collection until it mails verification or a judgment.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692g&num=0&edition=prelim - Federal lawFDCPA — must report a disputed debt as disputed
15 U.S.C. § 1692e(8)
What it says: A collector may not communicate credit information it knows is false, including failing to say a disputed debt is disputed.
Read the official texthttps://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1692e&num=0&edition=prelim - Court decisionClark — minimum "verification"
Clark v. Capital Credit & Collection Servs., Inc., 460 F.3d 1162 (9th Cir. 2006)
What it says: Adopting Chaudhry v. Gallerizzo (4th Cir. 1999): at minimum, verification means confirming in writing that the amount demanded is what the creditor claims.
Read the official texthttps://law.resource.org/pub/us/case/reporter/F3/460/460.F3d.1162.04-35795.04-35563.html
Court cases
- Homeowner wonSame topicJerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A.
Jerman v. Carlisle, McNellie, Rini, Kramer & Ulrich, L.P.A., 559 U.S. 573 (2010)
the FDCPA's bona fide error defense does not excuse a debt collector's incorrect interpretation of what the Act requires
- Homeowner wonSame topicKaltenbach v. Richards
Kaltenbach v. Richards, 464 F.3d 524 (5th Cir. 2006)
a person who meets the FDCPA's general definition of debt collector is subject to the whole Act even while enforcing a security interest
- Homeowner wonSame topicHeintz v. Jenkins
Heintz v. Jenkins, 514 U.S. 291 (1995)
the FDCPA applies to lawyers who regularly collect consumer debts, even through litigation
- Homeowner lostSame topicObduskey v. McCarthy & Holthus LLP
Obduskey v. McCarthy & Holthus LLP, 586 U.S. 466 (2019)
a business engaged only in non-judicial foreclosure is not a debt collector under the FDCPA, apart from the provision barring threats to take property without a present right
- Homeowner lostSame topicMidland Funding, LLC v. Johnson
Midland Funding, LLC v. Johnson, 581 U.S. 224 (2017)
filing an obviously time-barred proof of claim in bankruptcy does not violate the FDCPA
Related rights
Make a debt collector prove the debt (validation)
15 U.S.C. § 1692g(a)
A debt collector must send you a notice with the amount of the debt, the creditor's name, and your rights — in its first message or within 5 days. You then have 30 days to dispute the debt in writing or ask for the original creditor's name. If you do, the collector must stop collecting until it mails you verification.
Read this rightTell a debt collector to stop contacting you
15 U.S.C. § 1692c(c)
If you tell a debt collector in writing that you refuse to pay or want it to stop contacting you, it must stop. After that, it may only contact you to say it is ending its efforts or to tell you about a specific step it or the creditor may take, such as a lawsuit.
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightA collection or charge-off must carry its real delinquency date
15 U.S.C. § 1681s-2(a)(5)(A)
A company that reports an account placed for collection or charged off must tell the credit bureau the month and year the delinquency began, within 90 days. That date sets when the item must come off your report, and it does not change when the debt is sold.
Read this rightMake the company that reported the error investigate it
15 U.S.C. § 1681s-2(b)(1)
The company that reported the information — such as your servicer — must investigate when a credit bureau passes along your dispute, and fix what is wrong with every bureau. In many cases you can also dispute directly with that company, which must then investigate and report back to you.
Read this rightMost negative items must come off after 7 years
15 U.S.C. § 1681c(a)(a)(1), (4), (5)
Credit bureaus may not report collection accounts, charge-offs and most other negative items that are more than 7 years old. For a collection or charge-off, the 7 years start 180 days after the delinquency that led to it began — so, about 7½ years from the first missed payment that was never brought current. Paying, settling or re-selling the debt does not restart this clock. Bankruptcies can be reported for 10 years.
Read this right