How do I respond to a debt collector’s letter or calls in California?
Under federal and California law, people contacted by debt collectors can request proof of the debt and can tell collectors to stop contacting them. Federal law requires collectors to provide certain information and gives consumers a short window to dispute the debt in writing. California law adds requirements about what debt buyers and debt collectors must have and must provide when they make written collection attempts.
If a consumer asks for verification or certain account information, the collector generally must either provide it within the time the law allows or pause collection of the disputed portion until verification is sent. Separate California rules set what debt buyers and assigned collectors must have before sending written collection notices and require they provide specified information on written request.
Current California law
Every answer cites the statute
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The deadline that matters
30 days to dispute the debt in writing under 15 U.S.C. § 1692g and 30 calendar days for a collector to provide requested information under Cal. Civ. Code § 1788.14.5
What California law says
Federal law requires a debt collector’s initial written notice to include the amount, the creditor’s name, and a statement that the consumer has 30 days to dispute the debt in writing, and that the collector will provide verification or the original creditor’s name if requested, under 15 U.S.C. § 1692g. California law requires a debt collector assigned a delinquent debt to provide a written statement of specific information on written request, including balance, itemized interest and fees, date of delinquency, creditor name and account number, prior addresses, subsequent assignees, and the collector’s California license number, and to provide the information without charge within 30 calendar days of receiving a written request, under Cal. Civ. Code § 1788.14.5. California separately requires debt buyers making written collection statements to possess and provide similar information and documents and to make them available without charge, under Cal. Civ. Code § 1788.52. Collectors are also prohibited from certain deceptive practices when collecting debts, under Cal. Civ. Code § 1788.13 and other Rosenthal Act provisions, and a debt buyer may not sue on a claim if the statute of limitations has expired, under Cal. Civ. Code § 1788.56.
What to do
A common first step is to send a written request for verification or proof of the debt within the 30-day dispute period provided by federal law.
A common next step is to send a written request for the specific account information and documents the California statutes require collectors or debt buyers to provide.
Some people send a written cease-communication or cease-and-desist letter asking the collector to stop calling, recognizing that certain collection actions may continue as allowed by law.
A common option is to keep copies of all communications and a log of calls, dates, times, and what was said.
Many consumers consider checking whether the collector disclosed required notices and whether the debt might be time-barred before responding further.
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Common questions
What happens if I dispute the debt within 30 days?
If you dispute the debt in writing within the federal 30-day period, the collector must obtain verification of the debt or a copy of a judgment and mail it to you before continuing collection of the disputed portion, under 15 U.S.C. § 1692g.
How long does a California collector have to provide information I request?
A debt collector assigned a delinquent debt must provide the information and documents listed in the statute without charge within 30 calendar days of receiving your written request, under Cal. Civ. Code § 1788.14.5.
Can a debt buyer sue me on an old debt?
California law says a debt buyer may not bring suit or start arbitration to collect a consumer debt if the applicable statute of limitations on the debt buyer’s claim has expired, under Cal. Civ. Code § 1788.56.
Are there limits on what collectors can say or do when collecting?
Yes, California law prohibits certain deceptive or false collection practices, such as misrepresenting legal action or using another person’s name, under Cal. Civ. Code § 1788.13.
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This content provides legal information only 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.
