How to File Debt Collection Complaints

Essential Documentation Checklist

• Contact log:
  • Date and time of each call or communication
  • Name of collector (ask every time)
  • Company name and phone number
  • Summary of what was said
  • Any threats or violations noted
• Phone records:
  • Screenshots of call history showing frequency
  • Records of calls before 8 AM or after 9 PM
  • Calls to work number after you told them to stop
• Written communications:
  • All letters from debt collector
  • Initial validation notice (or lack of it)
  • Your letters to collector (keep copies)
  • Emails, text messages, or other written contact
• Voicemail recordings:
  • Save all voicemails (download if possible)
  • Note threatening language, obscenities, false statements
  • Messages left with third parties
• Witness statements:
  • If collector contacted family/friends, get their statement
  • Witnesses to threatening calls
  • Anyone else who heard harassment
• Debt documentation:
  • Original credit agreement (if you have it)
  • Account statements
  • Payment history
  • Any debt validation you received
  • Evidence debt is not yours, paid, or beyond statute of limitations

How to Record Phone Calls (State Laws Vary)

One-party consent states: You can record calls you're part of without telling the other person. Includes: Alabama, Alaska, Arizona, Arkansas, Colorado, DC, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin, Wyoming.

Two-party consent states: You must inform the other party you're recording. Includes: California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, Washington.

Best practice: State at beginning of call "This call is being recorded" - protects you and often causes violators to clean up behavior.

Example 1: Harassment & Excessive Calling

Situation: Collector called 43 times in 2 weeks, including 6 AM calls and calls to complainant's workplace.

Complaint details:

• Submitted phone records showing 43 calls in 14 days
• Call log with dates, times, and brief notes
• Screenshot of 6:15 AM missed call
• Email from employer warning about personal calls at work
• Letter sent to collector asking them to stop workplace calls (they ignored)

Outcome: AG office mediated resolution. Collector paid $2,500 settlement, agreed to stop contact, removed debt from credit report.

Key factor: Detailed documentation made violations undeniable.

Example 2: False Threats of Legal Action

Situation: Collector repeatedly threatened lawsuit and wage garnishment for $1,200 medical debt. Claimed "warrant for arrest" would be issued.

Complaint details:

• Recorded phone calls (one-party consent state)
• Voicemails saying "legal papers will be served tomorrow" (never happened)
• Statement threatening arrest for civil debt
• Research showing collector had not filed any lawsuit
• Original $800 debt inflated to $1,200 with unauthorized fees

Outcome: AG investigation found systemic violations. Company entered consent decree, paid $50,000 fine, required to train employees on FDCPA compliance.

Key factor: Recordings proved false statements; AG found pattern affecting hundreds of consumers.

Example 3: Collection on Zombie Debt

Situation: Collector attempted to collect on credit card debt from 2009. Statute of limitations expired in 2015 (6 years in that state). Collector threatened to "restart" collection in 2025.

Complaint details:

• Original account statement from 2009
• Last payment made in March 2009
• State statute of limitations law (6 years for credit card debt)
• Calculation showing debt time-barred since 2015
• Letters from collector threatening lawsuit in 2025
• Credit report showing debt shouldn't be listed (over 7 years old)

Outcome: AG sent cease and desist letter. Collector stopped contact, removed from credit report. Consumer received $1,500 settlement.

Key factor: Clear evidence debt was beyond statute of limitations and collector knew it.

Example 4: Failure to Validate Debt

Situation: Consumer received collection letter but never received validation notice. Sent validation request (certified mail). Collector ignored request and continued collection efforts.

Complaint details:

• First collection letter (no validation notice included)
• Consumer's written validation request with certified mail receipt
• Continued collection letters after validation request
• Evidence of negative credit reporting during dispute period
• No response to validation request after 45 days

Outcome: AG office contacted collector. Debt was actually owed by someone with similar name - identity error. Debt removed from consumer's credit report, collector required to validate all debts before collection.

Key factor: Certified mail proof collector received validation request and ignored it.

Step 1: Send Cease Communication Letter First

Before filing with AG, send a letter telling collector to stop contacting you. This creates clear violation if they continue.

Sample cease communication letter:

Important: Send via certified mail, return receipt requested. Keep copies of everything.

Step 2: Gather Your Documentation

Organize all evidence before filing:

• Detailed contact log with dates, times, names
• Phone records showing call frequency and times
• All letters, emails, text messages
• Recordings or transcripts of calls (if legal in your state)
• Copies of any letters you sent to collector
• Credit report showing debt listing
• Original debt information if you have it

Step 3: File with Your State Attorney General

Most states have online complaint forms specifically for debt collection:

1. Go to your state AG website
2. Look for "Consumer Complaint" or "File a Complaint"
3. Select "Debt Collection" as complaint type
4. Provide detailed information:
   • Collector's name, address, phone
   • Account number (if you have it)
   • Chronological description of what happened
   • Specific FDCPA violations
   • Amount they claim you owe
   • What you want as resolution
5. Upload all supporting documents
6. Submit and save confirmation number

Step 4: File with Consumer Financial Protection Bureau

File a parallel complaint with CFPB at consumerfinance.gov/complaint

Why file with both:

• CFPB has federal enforcement authority
• CFPB complaint goes directly to the company (they must respond within 15 days)
• State AG can take action under state consumer protection laws
• Multiple complaints show pattern of violations

Response time: Company must respond to CFPB complaint within 15 days. AG office typically responds in 30-60 days.

Step 5: Consider Filing FTC Report

File a report with Federal Trade Commission at ReportFraud.ftc.gov

While FTC doesn't resolve individual complaints, reports help identify companies engaging in systemic violations and can lead to enforcement actions.

What is Debt Validation?

Debt validation requires the collector to prove:

• The debt is actually yours
• The amount is correct
• They have the legal right to collect it
• The debt is within the statute of limitations

Sample Debt Validation Letter

Send via certified mail, return receipt requested. Keep copies of everything.

What Happens After You Request Validation

• Collector must stop collection activity until they provide validation
• They have 30 days to respond with documentation
• Cannot report to credit bureaus or continue calls/letters during validation period
• If they can't validate: They must stop collection and remove from credit report
• If they ignore your request: That's an FDCPA violation you can report

Method 1: Cease Communication Letter

Send a written letter telling collector to stop contacting you (see sample letter in "How to File" section above).

Effect: Collector must stop all contact except to:

• Confirm they received your letter and will stop contact
• Notify you of specific legal action they're taking (lawsuit)

Important: This doesn't make the debt go away, but stops harassment while you deal with it.

Method 2: Dispute the Debt

If debt isn't yours, is paid, or amount is wrong, send debt validation letter (see above).

Effect: Collection efforts must stop until collector provides validation.

Method 3: Communicate Through Attorney

Once collector knows you have an attorney, they can only contact your lawyer.

How: Have attorney send letter stating they represent you regarding the debt.

Method 4: Assert Statute of Limitations

If debt is beyond your state's statute of limitations, send letter stating this.

Sample language:

"This debt is beyond the statute of limitations for [debt type] in [state], which is [X] years. The last payment was made on [date], more than [X] years ago. Any attempt to collect this time-barred debt is a violation of the FDCPA. I will not make any payment. Remove this item from my credit report immediately."

Strong Case Indicators

• Multiple clear violations - Not just annoying, but illegal (threats, harassment, false statements)
• Strong documentation - Recordings, logs, written evidence
• Actual damages - Emotional distress, lost wages, other quantifiable harm
• Collector ignored cease letter - Clear willful violation
• Egregious conduct - Threats, calling employer, discussing debt publicly

Finding an Attorney

Consumer rights attorneys often take FDCPA cases on contingency (no upfront fee - they get paid from settlement/award).

Where to find attorneys:

• National Association of Consumer Advocates (NACA)
• National Consumer Law Center
• State bar association referral service
• Local consumer rights attorneys (search "[your city] FDCPA attorney")

Typical FDCPA Settlement Amounts (2025)

• Minor violations (excessive calling): $1,000-$3,000
• Moderate violations (threats, workplace calls): $3,000-$7,500
• Serious violations (multiple violations, actual damages): $7,500-$25,000
• Egregious cases (public disclosure, severe harassment): $25,000+

Note: Settlements also typically include debt forgiveness and credit report removal.