Can a debt collector still collect a debt after I’ve disputed it? | Consumer Financial Protection Bureau (2024)

FAQs

Can a debt collector still collect a debt after I’ve disputed it? | Consumer Financial Protection Bureau? ›

If you don't think you owe the debt

After verifying the debt, the debt collector can report it, but only as a disputed debt. A debt collector violates the FDCPA and the Fair Credit Reporting Act if it reports a debt that it knows, or should know, to be false. Should I dispute the debt even if I think I probably owe the money? Probably.

A debt collector must stop all collection activity on a debt if you send them a written dispute about the debt, generally within 30 days after your initial communication with them. Collection activities can restart, though, after the debt collector sends verification responding to the dispute.

On November 30, 2021, the Debt Collection Rule became effective. The rule clarifies how debt collectors can communicate with you, including what information they're required to provide you.

The “777 Rule” states that debt collectors may attempt to contact a consumer about a single debt up to seven times in seven days. Phone numbers do not matter; it's the number of debts that matters.

Does disputing a debt restart the clock? Disputing the debt doesn't restart the clock unless you admit that the debt is yours. You can get a validation letter to dispute the debt to prove that the debt is either not yours or is time-barred.

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

The worst thing they can do

If you fail to pay it off, the collection agency could file a suit. If you were to fail to show up for your court date, the debt collector could get a summary judgment. If you make an appearance, the collector might still get a judgment.

What is the CFPB 3 day rule? ›

Pre-consummation or account opening waiting period.

A creditor must furnish § 1026.32 disclosures at least three business days prior to consummation for a closed-end, high-cost mortgage and at least three business days prior to account opening for an open-end, high-cost mortgage.

The 7-in-7 rule explained

Collectors are permitted to place a call to the consumer about a particular debt seven (7) times within a period of seven (7) consecutive days, so long as no contact is made with the consumer in any of the attempts.

Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.

Can you dispute a debt if it was sold to a collection agency? Your rights are the same as if you were dealing with the original creditor. If you do not believe you should pay the debt, for example, if a debt is stature barred or prescribed, then you can dispute the debt.

Don't give a collector any personal financial information. Don't make a "good faith" payment, promise to pay, or admit the debt is valid. You don't want to make it easier for the collector to get access to your money, or do anything that might revive the statute of limitations.

Disputed debt appears on credit reports. However, a credit bureau generally will not use it to calculate credit scores until the investigation is completed.

Late payments can remain on your credit reports for up to seven years from the original delinquency date. However, if you pay off the debt as soon as you can, the debt collector may update your credit reports to show the collection account now has a zero balance.

Effective November 30, 2021, an amendment to Regulation F, which implements the FDCPA, says that a debt collector can't report a debt to the three major credit reporting agencies, Equifax, Experian, and TransUnion, before first contacting the consumer.

The credit reporting company you sent the dispute letter to must investigate your dispute, forward copies of relevant documents to the company that provided the information about you, and report the results back to you. A credit reporting company is not required to take action about disputes that are frivolous.