Your Federal Rights Under the FDCPA
The Fair Debt Collection Practices Act (FDCPA) protects you. Collectors must follow strict rules — and most of the aggressive tactics they use on grieving families are illegal.
Who can they legally contact?
Collectors can contact the executor, administrator, or surviving spouse to discuss the debt. They may contact other family members only to locate the executor — they cannot discuss the debt details or demand payment from non-liable parties.
What can they NOT do?
- ×Claim you are personally liable when you are not
- ×Call before 8 AM or after 9 PM
- ×Use abusive, threatening, or harassing language
- ×Threaten legal action they cannot or will not take
- ×Contact you at work if you tell them not to
- ×Discuss the debt with your neighbors, employer, or other family members
- ×Continue contacting you after you send a written cease-and-desist
Your right to debt validation
Within 30 days of a collector's first contact, you can demand written verification of the debt. Once you dispute in writing, all collection activity must stop until they provide proof.
“Send me written proof that I am personally liable for this debt. If you cannot, do not contact me about it again.”
How to Respond: Step by Step
- 1
Do not confirm or deny anything
Do not acknowledge the debt. Do not say "I'll pay" or "I understand." Simply listen and take notes.
- 2
Get their information
Ask for the collector's name, company name, address, phone number, and the account number they are referencing.
- 3
Tell them to contact the executor
"All inquiries about this estate should be directed to the executor [or estate attorney]. I am not the appropriate contact for this matter."
- 4
Request written validation
Use the magic sentence. Follow up with a written letter sent via certified mail.
- 5
Document everything
Keep a log of every call: date, time, caller name, company, and what was said. This is evidence if they violate the law.
- 6
File a complaint if they violate the law
Report FDCPA violations to the Consumer Financial Protection Bureau (CFPB) at consumerfinance.gov/complaint and your state attorney general.
When to Involve an Attorney
Consider consulting a probate attorney or consumer rights attorney if:
- •The estate has significant debt relative to assets
- •You are being sued personally for the debt
- •You live in a community property state and the deceased was your spouse
- •You co-signed any loans or accounts
- •Collectors are violating the FDCPA and you want to pursue legal action
- •The estate is complex (multiple states, business interests, real property)