Stopping a Debt Collector in Illinois
A debt collector keeps calling me — here's what Illinois law says and what to do next.
Statute: 225 ILCS 425 (Illinois Collection Agency Act)
Deadline: 1825 days
Penalty: Violations may result in actual damages, statutory penalties, and attorney fees. The Illinois Department of Financial and Professional Regulation may also pursue enforcement
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 Illinois differs from federal law
Illinois provides additional consumer protections beyond the federal FDCPA:
- Illinois Collection Agency Act (225 ILCS 425): Requires all collection agencies to be licensed by the Illinois Department of Financial and Professional Regulation (IDFPR). Unlicensed collectors cannot legally pursue debts in Illinois.
- Statute of limitations: 5 years for written contracts; 10 years for written promissory notes (735 ILCS 5/13-206). Shorter than some states for credit card debt.
- Wage garnishment protections: Illinois protects the greater of 85% of gross wages or 45 times the federal minimum wage from garnishment (735 ILCS 5/12-803). These limits are stronger than the federal standard.
- Consumer Fraud and Deceptive Business Practices Act (815 ILCS 505): Provides a state-level cause of action for deceptive debt collection practices with potential for actual damages, punitive damages, and attorney fees.
Additional steps in Illinois
File complaints with the Illinois Attorney General at ag.state.il.us or call (800) 386-5438. File with IDFPR for unlicensed collection complaints. Contact Legal Aid Chicago for free debt defense help.
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 Illinois, 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 Illinois.