Stopping a Debt Collector in Montana
A debt collector keeps calling me — here's what Montana law says and what to do next.
Statute: Mont. Code § 31-3-111 et seq. (Montana Consumer Protection Act / Collection Practices)
Deadline: 1825 days
Penalty: Violations may result in actual damages, civil penalties, and attorney fees under Montana law
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 Montana differs from federal law
Montana consumers are protected by the federal FDCPA and the Montana Consumer Protection Act:
- The federal FDCPA applies to third-party debt collectors
- The Montana Consumer Protection Act (Mont. Code Ann. § 30-14-103) prohibits unfair or deceptive practices, including abusive debt collection
- Montana also licenses collection agencies through the Montana Department of Administration
- Montana has a 5-year statute of limitations on written contracts and 5 years on oral contracts
- Wage garnishment is limited to 25% of disposable earnings or the amount exceeding 30x the federal minimum wage
- Montana provides a homestead exemption of up to $350,000 — one of the highest in the nation
Additional steps in Montana
File complaints with the Montana Attorney General's Office of Consumer Protection at (406) 444-4500 or doj.mt.gov. File with the CFPB at consumerfinance.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 Montana, 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 Montana.