Stopping a Debt Collector in California
A debt collector keeps calling me — here's what California law says and what to do next.
Statute: Cal. Civ. Code § 1788 et seq. (Rosenthal Fair Debt Collection Practices Act)
Deadline: 1460 days
Penalty: The Rosenthal Act covers original creditors as well as third-party collectors. Violations may result in actual damages, statutory penalties up to $1,000 per action, and attorney fees
What is stopping a debt collector?
The Fair Debt Collection Practices Act (FDCPA) is a federal law that limits what debt collectors can do when trying to collect money from you. It covers third-party collectors — companies that buy or collect debts on behalf of someone else — not the original creditor.
Under the FDCPA, debt collectors cannot harass you, lie to you, or use unfair tactics. They cannot call you before 8 a.m. or after 9 p.m., threaten violence, use profane language, or tell other people about your debt. You also have the right to tell a collector to stop contacting you entirely by sending a written request.
What to Do If a Debt Collector Is Harassing You
Step 1: Ask the collector for a "debt validation letter." Under the FDCPA (15 U.S.C. § 1692g), the collector must send you written notice within five days of first contact that includes the amount of the debt, the name of the creditor, and your right to dispute it.
Step 2: If you do not believe you owe the debt, send a written dispute within 30 days of receiving the validation notice. Send it by certified mail with return receipt requested. The collector must stop collection efforts until they verify the debt.
Step 3: Keep records. Save every letter, write down the date and time of every call, and note what the collector said. This documentation is critical if you need to file a complaint or lawsuit.
Step 4: If you want the calls to stop, send a cease-and-desist letter by certified mail. Once they receive it, they must stop contacting you (with limited exceptions for legal notices).
Step 5: File a complaint with the CFPB at consumerfinance.gov/complaint or call (855) 411-2372. You can also file with your state attorney general.
How California differs from federal law
California has one of the strongest debt collection laws in the country — the Rosenthal Fair Debt Collection Practices Act:
- Rosenthal Act (Cal. Civ. Code § 1788 et seq.): Extends FDCPA-style protections to original creditors, not just third-party collectors. This means your bank, credit card company, or medical provider must follow the same rules as a collection agency.
- Statute of limitations: The statute of limitations on most consumer debt in California is 4 years (Code of Civil Procedure § 337). After 4 years, a collector cannot sue you for the debt.
- Exemptions from garnishment: California protects up to 75% of your disposable earnings from wage garnishment. Certain income — Social Security, disability, unemployment — is fully exempt.
- Debt buyer licensing: Under Cal. Civ. Code § 1788.50, companies that buy and collect debt must be licensed by the California Department of Financial Protection and Innovation (DFPI).
Additional steps in California
File complaints with the California Department of Financial Protection and Innovation (DFPI) at dfpi.ca.gov or call (866) 275-2677. You can also file with the California Attorney General at oag.ca.gov.
What you should NOT do
Don't ignore debt collectors entirely. While you have the right to stop contact, ignoring a legitimate debt could lead to a lawsuit, wage garnishment, or damage to your credit score. Understand what you owe before deciding your next step.
Don't give personal financial information over the phone. Scammers often pose as debt collectors. Never give your bank account number, Social Security number, or credit card number to someone who calls you about a debt.
Don't make a payment on very old debt without understanding the consequences. In many states, making even a small payment on a time-barred debt can restart the statute of limitations, giving the collector the right to sue you again.
Don't agree to a payment plan you cannot afford. Collectors may pressure you into committing to payments that stretch your budget. You are not required to agree to their terms — you can negotiate or seek help from a nonprofit credit counselor.
Don't wait — the clock is ticking.
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Generate your debt validation →This page is general legal information for California, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in California.