Debt collector calling about a debt that isn't mine — what to do

Step 1: Don't admit anything

Don't say "I'll look into it," don't say "maybe my spouse opened that," and definitely don't agree to make "just a small payment to show good faith." Anything that sounds like acknowledging the debt can restart your state's statute of limitations.

Step 2: Get it in writing — the validation letter

Under the FDCPA, you can demand the collector send you written validation of the debt. Within 5 days of first contacting you, they're supposed to send you a notice with the amount, the creditor, and how to dispute it. If they didn't, ask for it — in writing.

Step 3: Send a written dispute within 30 days

If you dispute the debt in writing within 30 days of receiving the validation notice, the collector has to stop all collection activity until they send you verification (usually documentation from the original creditor). Many cases die right here, because the collector can't produce real records.

Step 4: If the calls don't stop, that's a violation

• Calling before 8 AM or after 9 PM in your time zone.
• Calling repeatedly to annoy or harass.
• Calling your job after you told them not to.
• Telling family, neighbors, or coworkers about the debt.
• Threatening lawsuits they don't intend to file, arrest, or wage garnishment they can't legally pursue.
• Continuing to call after you sent a written "cease and desist."
• Reporting the disputed debt to the credit bureaus without noting it as disputed.

Step 5: Check your credit report

Even if you never pay, the collector may park the debt on your credit report. If the debt isn't yours, that's both an FDCPA and an FCRA violation — a double claim with separate damages.

What you can recover

• Actual damages — emotional distress, lost work, credit harm.
• Statutory damages — up to $1,000 under the FDCPA, plus more under FCRA if reporting is involved.
• Attorney's fees and costs — paid by the collector if you win.

What to save

• Call logs (date, time, who called, what they said).
• Voicemails — don't delete them.
• Every letter and envelope they send you.
• Your written disputes and proof of mailing.
• Screenshots of any text messages or emails.

If a collector keeps pushing a debt you don't owe — or won't validate it — you almost certainly have a case. Talk to a consumer-rights lawyer before you pay them anything.