Stopping a Debt Collector in Virginia
A debt collector keeps calling me — here's what Virginia law says and what to do next.
Statute: Va. Code § 59.1-196 et seq. (Virginia Consumer Protection Act)
Deadline: 1825 days
Penalty: Violations may result in actual damages, civil penalties, and attorney fees under Virginia's Consumer Protection Act
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 Virginia differs from federal law
Virginia regulates debt collection under the Virginia Consumer Protection Act (VCPA) alongside the federal FDCPA:
- The VCPA (Va. Code § 59.1-196 et seq.) prohibits deceptive and fraudulent business practices, including abusive debt collection
- Virginia does not have a separate stand-alone state debt collection practices act, but the VCPA provides broad consumer protections
- Virginia's statute of limitations on debt: 5 years for written contracts; 3 years for oral contracts
- Virginia allows wage garnishment but limits it to the lesser of 25% of disposable earnings or the amount exceeding 40 times the federal minimum wage
- Virginia provides homestead and personal property exemptions from debt collection
- Virginia does not allow garnishment of bank accounts below certain thresholds
Additional steps in Virginia
File complaints with the Virginia Attorney General's Consumer Protection Section at (800) 552-9963 or online at oag.state.va.us. You can also file with the CFPB at consumerfinance.gov. Consumers can bring private lawsuits under the VCPA or federal FDCPA.
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 Virginia, 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 Virginia.