If you get a call from a debt collector, first make sure the debt is real. When you are contacted, find out the following:
- Who you are talking to, including the debt collector's name, address, and phone number;
- The amount of the debt, including any fees such as interest or collection fees;
- What the debt is for and when the debt was taken out;
- The name of the original creditor; and
- How you can dispute the debt or make sure it is yours.
You can insist that they contact you in writing if they call first.
By law, debt collectors must send you a written validation notice within five days from when they first contact you.
The validation notice will say:
- How much you owe,
- Who you owe it to,
- That you have the right to dispute the debt, and
- That you can request verification of the debt (more on this in Step 2).
If they won’t tell you how much is owed, or if they say you have to go to court to learn more, or if they won’t send you a validation notice, those are all red flags. Do not give them any information over the phone, not even your address or email, because it could be a scam. If the debt is legitimate, the debt collectors should already have your address on file.
If they do not give you a validation notice, ask for it! You have 30 days from the date of the validation notice to send a request for verification about the debt. This means you are wanting more information about the debt, like when the account was opened, what charges were made, how the interest was calculated, etc. If you send the request after the 30 day period, the debt collector does not have to provide you this information, though they often will.
You should also dispute the debt if you are sure it is not yours. Even if it has been more than 30 days since you received the validation notice, you should still send a dispute letter if the debt is not yours. For more information about how to dispute a debt, see Step 2 in this guide and see Guide 4.
Debt collectors in Texas must register with the state. You can check to see if the debt collector who contacted you is legitimate and registered by searching the secretary of state's website.