Know Your Rights When Debt Collectors Call

If someone is trying to collect a debt from you in New York, you have important rights. Here’s what you should know:

Time Limits

• Debt collectors can only sue you for a consumer debt if it's less than 3 years old. [Consumer Credit Fairness Act (CCFA)]

• If your debt is older than 3 years, they can still ask you to pay.  But you will have a defense (statute of limitations) if they take you to court.

Phone Calls

• Debt collectors can’t call you more than 7 times in one week. [Consumer Financial Protection Bureau (CFPB) Debt Collection Rule]

• If you talk to them, they must wait 7 days before calling again. [CFPB Debt Collection Rule]

• They can’t call you at work if you tell them not to. [Fair Debt Collection Practices Act (FDCPA)]

• They can't call early in the morning (before 8 AM) or late at night (after 9 PM). [FDCPA]

Getting Information

• Debt collectors must send you a letter within 5 days after they first contact you. [FDCPA]

• The letter must tell you:

  1. How much money they say you owe

  2. Who you first owed the money to

  3. How you can say "I don't think this debt is mine"

No Bullying Allowed

• Debt collectors can’t: [FDCPA]

  1. Yell at you or use bad words

  2. Lie about what will happen if you don't pay

  3. Pretend to be lawyers or police

  4. Tell other people about your debt

If You Don’t Agree with the Debt

• You can tell the debt collector you don’t think the debt is yours. [FDCPA]

• They must stop trying to collect until they check if the debt is really yours.

• They have up to 45 days to check and tell you what they found.

Medical Bills

• If your debt is from a hospital or doctor, debt collectors must tell you about ways to get help paying. [NY Hospital Financial Assistance Law]

• They can't put medical debt on your credit report right away.

If They Break the Rules

• Keep notes about when they called and what they said.

• Save any letters or messages they send you.

• File a complaint with the New York Attorney General’s Office and/or or reach out to LASMNY for help.

 

Note: You have rights, even if you owe money.

 

Sources: Consumer Credit Fairness Act (CCFA), Fair Debt Collection Practices Act (FDCPA), Consumer Financial Protection Bureau (CFPB) Debt Collection Rule, New York Hospital Financial Assistance Law

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If you're having problems paying your bills, it's important to get help right away.  Please call us at (315) 793-7083.