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Lesson P102.7 · Personal Finance 102: Credit, Debt and Setbacks

Debt collectors, garnishment and your rights

6-minute read · Figures checked October 2026

A hand holds a smartphone with the phone keypad open

Photo: cottonbro studio / Pexels, Pexels License

The short answer

A debt collector has to tell you in writing what the debt is and give you 30 days to dispute it. Collectors can't harass you, lie to you, threaten arrest, or call before 8 a.m. or after 9 p.m. unless you agree. Most wage garnishment comes from a court order, and federal law caps how much of your pay can be taken. Never ignore a court summons.

Who the collection law covers

The federal debt collection law covers third parties collecting personal, family or household debts: collection agencies and debt buyers working someone else's debt. A business collecting its own bills under its own name is generally outside it, and business debts are outside it entirely. State law still applies, and some states add their own rules.

This lesson is general education, not legal advice. For your own case, call legal aid; the links are below.

Your rights when a collector calls

Within five days of first contacting you, a collector generally has to send a validation notice. It names the creditor, gives the account number, itemizes the amount, and sets an end date for a 30-day window to dispute. Dispute it in writing inside that window, or ask in writing for the original creditor's name and address, and the collector has to pause collecting until it responds.

Collectors can'tWhat that looks like
Contact you before 8 a.m. or after 9 p.m., unless you agreeA 6:30 a.m. call while you're loading the truck
Contact you at work once you say you can't take calls thereCalls to the shop phone
Harass you or threaten to hurt youCall after call meant to wear you down
Lie, including about what you oweA made-up balance or fake fees
Threaten arrest, or a lawsuit they don't plan to file"You'll be arrested Friday"
Tell other people you owe a debtA call to your foreman about the bill

To stop the calls, send a letter asking the collector to stop contacting you. After that, it can only contact you to confirm it will stop or to tell you about a specific action, like filing a lawsuit. The calls stop; the debt doesn't go away. If a collector breaks the law, you have one year to sue.

Old debts and time limits

Most states give creditors three to six years to sue on a debt, and some give longer. Once that time passes, a collector can't sue you or threaten to. In most states it can still ask you to pay, as long as it follows the law. In some states, a partial payment, or saying you owe it, can restart the clock even after time ran out. That time limit is separate from your credit report, where most negative information can stay seven years.

If you're sued on an old debt anyway, you have to respond and point out that time ran out. The court won't raise it for you.

Garnishment: what can be taken

Most garnishments come from a court order. For a card or medical bill, that usually means the creditor sued and won. Tax debts and some debts owed to the federal government can be collected without a lawsuit.

For ordinary debts, federal law caps garnishment at the smaller of two numbers: 25% of your disposable earnings for the week, or the amount your weekly disposable earnings top 30 times the federal minimum wage. At $7.25 an hour, that's $217.50 a week, so if your disposable earnings are $217.50 or less, nothing can be taken. Disposable earnings are what's left after legally required deductions like taxes. Child support and alimony, bankruptcy court orders, and tax debts follow different limits. If your state allows less, the smaller amount applies, and federal law bars your employer from firing you over garnishment for any one debt.

Example: A court lets a card company garnish Marcus's pay. In a July week his disposable earnings are $800: 25% is $200, and the amount over $217.50 is $582.50, so up to $200 can be taken. In a short December week of $260, 25% is $65 but only $42.50 is over $217.50, so the most is $42.50. Made-up numbers.

Never ignore a court summons

If you're sued, respond by the date in the court papers, yourself or through a lawyer. If you don't, the court can enter a default judgment against you. Depending on state law, the creditor can then garnish your wages, freeze your bank account or put a lien on property. Even if you think the debt isn't yours, or that it's too old, you still have to respond and say so. Legal aid offices may help for free if you qualify.

Your Move

Do this week

  1. Gather every collection letter. Find the creditor, the amount and the dispute end date.
  2. Check each one against your records and your credit reports (P102.1). Is it yours? Is the amount right? How old is it?
  3. Before the end date, send a letter disputing the debt or asking for verification and the original creditor's name. The CFPB has sample letters you can use (see Free help). Keep a copy; certified mail gives you proof.
  4. On a very old debt, look up your state's time limit before you pay anything or say you owe it.
  5. If you got court papers, call legal aid today and respond by the deadline.

Log it: Sent a validation request or checked a debt.

Common questions

Can a debt collector call me at work?

Not after you tell them you can't take calls there.

Can they take my whole paycheck?

No. For ordinary debts, federal law caps garnishment at the smaller of 25% of your disposable earnings or the amount your weekly disposable earnings top $217.50 (30 times the federal minimum wage). Child support, bankruptcy orders and taxes have their own limits.

Does the debt collection law cover my business debts?

No. Business debts are outside the federal debt collection law, though state law may still apply.

Watch out for

  • Callers who want personal or financial information before they've sent validation information. Don't share it until you have the notice.
  • Anyone posing as a lawyer or a government official to collect. Collectors can't pretend to be either.
  • A small "good faith" payment on an old debt. In some states it restarts the clock.

Free help

Free practice

Lesson check

5 questions on this lesson, one at a time, with the answer and the reason after each. Pass with 4 right, including every must-know question.

This is general education, not tax, legal, investment or insurance advice. Rules change and every situation is different. Check the sources below, and talk to a qualified professional before you act on it.

Sources

All lessons in Personal Finance 102: Credit, Debt and Setbacks →