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Debt

Make a debt collector prove it

Force a debt collector to verify the debt before they can keep contacting you or report to credit bureaus.

3 documentosAbout 10 minutes6 preguntas que responder
Lo que incluye el paquete
Debt validation letter
Letter, 1 page
01
Cease-contact request
Letter, 1 page
02
Statute of limitations checker
Worksheet, 1 page
03
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A debt collector who can't prove the debt is yours, in writing, is a debt collector you don't have to pay.

Who this pack is for

You got a letter or call from a collection agency about a debt — credit card, medical bill, old utility, payday loan — and you're not sure it's even yours. Maybe the amount looks wrong, the original creditor is a name you don't recognize, or it's an old account you thought was charged off years ago. You want the collector to prove the debt is real, that they own it, that the amount is right, and that the statute of limitations hasn't expired before you pay anything or admit anything.

When to use it

Send a written validation request within 30 days of the collector's first written contact with you. The Fair Debt Collection Practices Act (15 U.S.C. § 1692g) gives you a 30-day window during which the collector must verify the debt and pause collection activity if you ask in writing. After 30 days, you can still demand validation, but the collector is no longer required to pause collection while they look. If the debt is showing on your credit report, send the dispute through the credit bureau in parallel — that triggers a separate 30-day investigation timeline under the FCRA (15 U.S.C. § 1681i) and gets the entry suppressed during dispute.

What it doesn't cover

This pack is for third-party debt collectors — agencies that bought the debt or are collecting on contingency for the original creditor. The FDCPA does not directly cover original creditors collecting their own debts (banks, credit card issuers, hospitals), though many states have parallel laws that do. It does not stop a properly verified debt; if the collector produces real documentation, the debt is enforceable up to the statute of limitations and you'll need a different strategy (settlement, payment plan, bankruptcy). It does not cover federal student loans, child support, or tax debts, which have their own collection rules and protections.

State-specific notes

Rules vary by jurisdiction. Below are notes for the states where make a debt collector prove it runs into the most variance. If your state isn't listed, default to your state's tenant-rights handbook or local legal aid.

California (CA)
California's Rosenthal Fair Debt Collection Practices Act (Cal. Civ. Code § 1788) extends FDCPA-style protections to original creditors, not just third-party collectors. The statute of limitations on most written contracts (including credit cards) is four years from the date of last payment.
New York (NY)
New York's statute of limitations on consumer credit debt is three years (CPLR § 214-i, effective April 2022 — shortened from six). Once the SOL expires, the debt is unenforceable in court even if the collector still asks for it. NY also requires collectors to disclose in their first written contact that the debt may be time-barred.
Texas (TX)
Texas has a four-year statute of limitations on most debts (Tex. Civ. Prac. & Rem. Code § 16.004). Texas is also a non-wage-garnishment state for consumer debt — even with a judgment, a collector cannot garnish your wages for credit card or medical debt (child support and federal student loans are exceptions).
Florida (FL)
Florida is a homestead-protection state — your primary residence is broadly shielded from judgment creditors regardless of value. The SOL on written contracts is five years (Fla. Stat. § 95.11). Wage garnishment for consumer debt is generally not available against a Florida 'head of family' earning $750/week or less in net wages.
Illinois (IL)
Illinois has a 10-year SOL on written contracts and 5 years on oral or unwritten contracts (735 ILCS 5/13-205, 5/13-206). Illinois also passed the Consumer Fraud and Deceptive Business Practices Act, which lets you recover attorney fees in some collection-abuse cases on top of FDCPA recovery.

Common questions

What if the collector ignores my validation request?
If you sent the request within the 30-day FDCPA window and they kept calling or kept reporting to credit bureaus without first responding with verification, that's a violation of 15 U.S.C. § 1692g(b). You can sue under the FDCPA for statutory damages up to $1,000 plus actual damages plus attorney fees — the law expressly allows attorney-fee recovery so consumer-side lawyers will often take these cases on contingency.
What counts as 'verification'?
The FDCPA case law is split, but the floor is: identification of the original creditor, the amount of the debt, and some documentation tying you to the account. Many courts require an itemization of how the current balance was calculated from the original debt, especially when interest and fees have been added. A bare letter saying 'we verified the debt is yours' is not verification.
Should I just pay it to make it go away?
Not before validation. Paying — or even acknowledging the debt is yours in writing — can restart the statute of limitations in many states. A debt that's nine years old in a state with a four-year SOL is unenforceable. One $20 payment 'on account' can resurrect it for another four years. Validate first, then decide.
What if I do owe it but can't pay the full amount?
Once verified, ask for a settlement in writing. Collectors who bought the debt for cents on the dollar will often settle for 30–60% of the balance. Get any settlement in writing before you pay anything, including a clear statement that the debt is paid in full and will be reported as such to the credit bureaus — 'paid for less than full balance' on a credit report can be worse than the original delinquency.
How do I figure out my state's statute of limitations?
Three numbers matter: (1) the type of contract (written, oral, open account), (2) the SOL period for that type, and (3) the date of last payment or last activity (not the date the debt was opened). Search your state code or attorney general's website for 'statute of limitations debt collection.' If you're close to the line — within a year either way — get a free consult with a consumer attorney before you respond at all, because the wrong written reply can restart the clock.
Can a collector sue me?
Yes, if the debt is verified and within the SOL. If you're served with a summons, do not ignore it — most collection lawsuits are won by default judgment because the consumer never showed up. File an answer, even a one-sentence answer, by the deadline on the summons. Many courts have free clinics or self-help centers specifically for collection cases.
What about my credit report?
Send a separate dispute to each of the three credit bureaus (Equifax, Experian, TransUnion) the same day you send the validation letter. Under 15 U.S.C. § 1681i the bureaus must investigate within 30 days and either verify or remove. If the collector can't validate the debt to the bureau, the entry comes off your report regardless of whether the underlying debt is real.

Sources

Primary legal sources cited above. These link to free, public versions of the statutes, regulations, and case law referenced in this pack.

Pike provides plain-language legal information, not legal advice. State and local rules change. If money, custody, or your housing is on the line, talk to a licensed attorney or your local legal aid office.