How to Deal with Debt Collector Harassment

Debt collectors must follow federal and Virginia laws. When they break these laws, it's called harassment.

Examples of harassment:

• Calling you repeatedly to annoy you
• Calling before 8 AM or after 9 PM
• Using obscene or threatening language
• Threatening to do things they can't legally do
• Calling you at work after you told them not to
• Telling other people about your debt
• Sending fake legal papers
• Pretending to be law enforcement
• Threatening to arrest you

If a debt collector does any of these things, they're breaking the law.

Why does reporting matter? 

When debt collectors break the law, they can face consequences. You might be able to:

• Stop the harassment
• Sue the debt collector
• Get money for damages
• Get your attorney fees paid

Some attorneys specialize in suing debt collectors who harass people. These cases are often taken on contingency. This means you don't pay unless you win.

Reporting harassment also helps other people. It shows a pattern of illegal behavior.

What should I document? 

Keep records of everything the debt collector does and says. Good documentation makes your case stronger.

Document these things:

• Phone calls: Write down the date, time, who called, what they said, and any threats
• Letters: Save every letter they send you
• Emails: Save all emails
• Text messages: Take screenshots
• Voicemails: Save them and write down what they said or screenshot the transcript
• Calls to others: If they contacted your family or employer, write down who they talked to and what was said

The more evidence you have, the better.

Where do I report harassment? 

The best option is to contact a lawyer who handles debt collector harassment cases.

Find a lawyer through NACA:

• Go to: consumeradvocates.org/findanattorney
• Search for lawyers in your area
• Look for lawyers who handle Fair Debt Collection Practices Act (FDCPA) cases

These lawyers often work on contingency. This means:

• You might not have to pay anything upfront and you don't pay unless you win
• The debt collector pays your lawyer fees if you win
• You have nothing to lose by contacting a lawyer. Most lawyers who work on a contingency will meet you about your case for free or a small cost to consult if they think they can help you or not.

When you contact a lawyer, have this information ready:

• The debt collector's name and phone number
• The name of the collection agency
• How many times they contacted you
• What they said or did that was illegal
• Dates and times of harassment
• Any documentation you have

The lawyer will decide if you have a case.

If you believe that the debt collector or debt buyer created or used fake documents in the collection process, you can also file a complaint with the Federal Trade Commission and the Consumer Financial Protection Bureau (CFPB). Read more about how to know if your court papers are real.

Can legal aid help with this? 

Legal aid offices usually don't handle harassment cases themselves, but they can:

• Refer you to lawyers who do
• Explain your rights
• Help you understand if you have a case

Connect with help: 

• Call 866-LEGLAID (866-534-5243) or visit virginialawhelp.org/get-legal-help to find a legal aid office in your area.

• If you live outside Virginia, you can also find help through LSC’s find-legal-aid tool or the Senior Legal Hotline Directory.

• If legal aid cannot help you, look for a lawyer using the National Association of Consumer Advocates search tool. Be sure to ask in advance if there is a charge for the initial consultation.

What happens after I report?

If you contact a lawyer, they will: 

1. Review your case
2. Decide if the debt collector broke the law
3. Tell you if you have a good case
4. Explain what they can do to help

If you have a good case, the lawyer might: 

• Send a letter to the debt collector
• File a lawsuit against them
• Negotiate a settlement

You might get money for:

• The harassment you suffered
• Emotional distress
• Your lawyer's fees
• Statutory damages (money the law says you get)

Even if you don't get money, the harassment should stop.

Can I sue for harassment myself? 

You can, but it's better to have a lawyer. These cases involve complicated laws.

What if the harassment continues? 

If you talked to a lawyer and the harassment continues, tell your lawyer right away. This makes your case stronger.

You can also:

• Block their phone numbers
• Filter their emails to spam
• Tell them in writing to stop contacting you

But getting legal help is the best way to stop it permanently. 

What if I owe the debt? 

You can still report harassment even if you actually owe the debt.

Owing money doesn't give debt collectors the right to harass you. They must still follow the law.

A debt collector can:

• Call you during reasonable hours
• Ask you to pay
• Explain what you owe

A debt collector cannot:

• Harass you
• Threaten you
• Lie to you
• Break any other laws

Even if the debt is valid, the harassment is still illegal.

Will reporting stop the collections? 

Debt collectors that follow the rules might stop harassing you, but reporting harassment does not make the debt go away. They could still sue you in court.

Things to remember

• Act quickly: There are time limits for suing debt collectors. Don't wait years to report harassment.

• Collect evidence: Keep all letters, emails, and voicemails. You might need them.

• Be honest: Tell the lawyer the truth about the debt and the harassment. They can't help if you're not honest.

• Don't ignore lawsuits: Even if you're reporting harassment, don't ignore court papers. You could be sued for the debt and for harassment at the same time. They're separate issues.