How do I respond to a debt collector's letter or calls in Arizona?
Under federal law, a consumer generally has the right to get certain written information about a debt and to dispute it within a set time. A debt collector that sends an initial written notice must include key details about the debt and stop certain collection activity if the consumer timely disputes the debt in writing.
The law also limits when and how a debt collector may contact third parties, prohibits unfair practices like threatening unlawful action, and allows a consumer to ask the collector to stop contacting them further, in which case the collector generally must cease communications except to take limited actions such as notifying of a legal filing.
Current Arizona law
Every answer cites the statute
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The deadline that matters
30 days from receipt to dispute the debt in writing under 15 U.S.C. § 1692g
What Arizona law says
The Fair Debt Collection Practices Act requires that an initial written notice to a consumer include the amount of the debt, the creditor’s name, a statement that the consumer has thirty days to dispute the debt, that a written dispute will prompt verification, and that the consumer may request the original creditor’s name, under 15 U.S.C. § 1692g. If the consumer disputes the debt in writing within thirty days, the collector must cease collection of the disputed amount until verification or a judgment is mailed. The FDCPA also limits communications: it generally prohibits contacting third parties about the debt except to locate the consumer and sets limits on time and place for contact, under 15 U.S.C. § 1692c and 15 U.S.C. § 1692b. The FDCPA bars unfair or unconscionable collection methods, such as certain threats or deceptive communications, under 15 U.S.C. § 1692f. If a consumer makes a single payment that covers multiple debts and has disputed one, the collector may not apply the payment to the disputed debt, under 15 U.S.C. § 1692h. When a credit action is adverse based on information from others, the Fair Credit Reporting Act requires notice and gives the consumer a right to request the information used, under 15 U.S.C. § 1681m.
What to do
A common first step is to read the collector’s written notice carefully to see if it includes the information required by [15 U.S.C. § 1692g].
A common option is to send a written dispute or a written request for the original creditor’s name within the 30-day period to trigger the collector’s duty to verify the debt.
A common step is to ask the collector in writing to stop contacting you, which generally requires the collector to cease most communications under [15 U.S.C. § 1692c].
A common step is to keep copies of all letters, notes of phone calls, and any payments, and to note dates and names of collectors who contact you.
A common option is to consider sending a written validation letter and, if desired, a separate cease-communication letter (the in-app tool can generate these) as part of asserting your rights.
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Common questions
What happens if I dispute the debt within 30 days?
If the dispute is in writing within 30 days, the collector generally must stop collection of the disputed portion until it obtains and mails verification or a judgment, under [15 U.S.C. § 1692g].
Can a collector call my family or employer about my debt?
The FDCPA generally limits communications with third parties to locating the consumer and bars revealing that the consumer owes a debt; it also restricts contacting third parties repeatedly, under [15 U.S.C. § 1692b] and [15 U.S.C. § 1692c].
Can a collector keep calling after I ask them to stop?
If a consumer notifies a debt collector in writing that the consumer wishes the collector to cease communication, the collector generally must not communicate further about the debt except to take limited actions such as advising of intent to take a specific remedy, under [15 U.S.C. § 1692c].
Will disputing a debt affect how a payment is applied to multiple debts?
If multiple debts exist and the consumer makes a single payment, the collector generally may not apply payment to any debt the consumer has disputed, under [15 U.S.C. § 1692h].
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This page provides legal information about federal law as applied in Arizona and is not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.