Suing a Debt Collector

Debt collectors who violate the FDCPA can be sued — and the law makes it financially feasible to do so by requiring violators to pay your attorney's fees. Here's when suing makes sense and how to do it.

When You Have a Valid Claim

You have a valid FDCPA claim when a debt collector:

• Called before 8 AM or after 9 PM
• Continued contacting you after receiving a written cease and desist
• Misrepresented the amount owed or claimed to be an attorney when they're not
• Threatened actions they cannot legally take (arrest, immediate lawsuit, wage garnishment without judgment)
• Used abusive or profane language
• Contacted your employer, friends, or family to embarrass you
• Failed to provide a validation notice within 5 days of first contact
• Failed to stop collection activity after receiving a timely validation request

What You Can Recover

Under FDCPA § 813, if you win:

• Statutory damages: Up to $1,000 per lawsuit (not per violation) for individual claims, regardless of whether you can prove actual harm
• Actual damages: Emotional distress, lost wages, out-of-pocket costs you can document
• Attorney's fees and costs: The collector pays your lawyer

The attorney fee provision is what makes these cases viable. Consumer attorneys often take FDCPA cases on contingency because they know they'll recover their fees from the violating collector.

The 1-Year Statute of Limitations

FDCPA lawsuits must be filed within one year of the violation. This clock runs from the date of each individual violation, not the date you first learned about your rights. Don't wait — if you have a valid claim, consult an attorney promptly.

How to Find an FDCPA Attorney

• National Association of Consumer Advocates (consumeradvocates.org) — member directory of consumer law attorneys
• Your state's bar association lawyer referral service
• Legal aid organizations for lower-income consumers

Most FDCPA attorneys offer free consultations and take cases on contingency — you pay nothing upfront.

Small Claims Court as an Alternative

For clear-cut violations (documented phone calls at prohibited hours, written evidence of misrepresentation), small claims court is an option if you can't find an attorney. Filing fees are typically $30–$75, and small claims limits in most states comfortably cover the $1,000 FDCPA statutory maximum. You don't need a lawyer to file small claims, though you'll need well-documented evidence.

Document Everything First

Before doing anything, compile your evidence: call logs with dates and times, recordings (check your state's one-party vs. two-party consent laws), copies of letters, and a written timeline of every contact. The strength of your case depends entirely on your documentation.

Use our Collection Call Log to track collector contacts systematically, or see FDCPA Rules for a complete list of collector prohibitions.