Debt Collection Lawyer: move fast before the deadline or the situation gets worse.

What the FDCPA actually protects

The Fair Debt Collection Practices Act (FDCPA) is federal law that gives consumers serious legal rights against third-party debt collectors. Importantly: original creditors are NOT covered by the FDCPA — only third-party collectors (collection agencies, debt buyers, collection attorneys). State laws often cover original creditors too.

What debt collectors are NOT allowed to do

• Call before 8am or after 9pm (your local time)
• Call repeatedly to annoy or harass — even one repeated call pattern can violate
• Call you at work after being told your employer prohibits such calls
• Contact you directly after being told you're represented by a lawyer
• Tell third parties about your debt (other than spouse, attorney, credit reporting)
• Threaten arrest, jail, or wage garnishment without legal basis
• Threaten lawsuits they don't intend to file
• Use abusive, obscene, or threatening language
• Misrepresent the amount, status, or legal nature of the debt
• Continue collection on a debt you've validly disputed until they provide validation
• Try to collect debt past the statute of limitations by lying about the date
• Add fees or interest not authorized by contract or law

Your right to validate the debt

Within 30 days of first contact, you can demand validation — written proof that:

• The collector has the right to collect
• The amount is accurate
• The debt is yours

The collector must STOP all collection until they validate. Many debts (especially old purchased debts from debt buyers) cannot be validated — the buyer has only basic data, not the full account history. Demanding validation often ends collection entirely.

What you can win

Under the FDCPA, each violation can recover:

• Actual damages — economic loss, emotional distress (with documentation)
• Statutory damages — up to $1,000 per lawsuit (not per violation)
• Attorney's fees — paid by the collector, not deducted from your recovery
• Costs of the lawsuit

State laws often provide additional damages on top — some states allow up to $10,000+ statutory or treble damages.

The statute of limitations on the underlying debt

Most consumer debts have a 3–6 year statute of limitations from default. Once expired:

• The collector CANNOT sue you for the debt
• They CAN still ask you to pay (legally — they're not lying)
• But making a payment, acknowledging the debt in writing, or agreeing to a new payment plan can RESTART the clock
• This is why old "zombie debts" should never be paid or acknowledged without legal counsel

If you've been sued for a debt

The biggest mistake: ignoring the lawsuit and letting it go to default judgment. Defenses you might have:

• Statute of limitations expired
• The collector cannot prove they own the debt (chain of title)
• The debt amount is wrong
• The debt was paid, settled, or discharged in bankruptcy
• You were never served properly
• Identity theft — it's not your debt
• FDCPA violations as counterclaims

Once a default judgment enters, the collector can garnish wages, levy bank accounts, and place liens. Fighting back after default is much harder than fighting before.

Wage garnishment limits

Federal law caps wage garnishment at the lesser of: 25% of disposable earnings, OR the amount by which weekly earnings exceed 30× federal minimum wage. Several states cap lower (NC, PA, SC, and TX allow virtually no wage garnishment for credit card debt; CT and several others have stricter limits than federal).

What it costs to hire a consumer rights lawyer

Almost all FDCPA cases are handled on contingency or with fee-shifting — the collector pays the attorney's fees if you win. This means many consumers can hire a lawyer with no out-of-pocket cost. Some lawyers charge a flat fee ($500–$1,500) for debt defense in court when no FDCPA violation is available.

What to do this week if you're being collected on

1. Document every contact — date, time, who called, what they said. Save voicemails. Screenshot texts.
2. Send a written debt validation request within 30 days of first contact.
3. Send a "cease and desist" letter — collectors must stop calling (though they can still sue).
4. Pull your credit reports from all three bureaus (annualcreditreport.com — free).
5. Check the statute of limitations in your state for that debt type.
6. If sued — respond on time. Don't ignore court papers.
7. Don't make payments or sign new agreements without legal advice.
8. Consult a consumer protection / FDCPA lawyer — most offer free consults and many work on contingency.