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Collection Threats: Arrest Claims, Deceptive Practices, and Missed Notices

This guide presents selected U.S. government consumer education from CFPB. References to “we” or “us” in the source material refer to the issuing agency. Source dates and links appear below.

Can I be arrested for an unpaid debt?

A debt collector can’t threaten to or have you arrested for an unpaid debt. If you’re sued and you don’t comply with a court order, though, you could be arrested.

It’s a violation of the Fair Debt Collection Practices Act (FDCPA) for a debt collector to have you arrested or claim that you’ll be arrested if you don’t pay a debt – this is harassment. However, they may file a lawsuit against you to collect the debt, and if the court orders you to appear or to provide certain information but you don’t comply, a judge may issue a warrant for your arrest.

In some cases, a judge may also issue a warrant if you don’t comply with a court-ordered installment plan. You should never ignore a court order.

What protections and rights do I have in dealing with debt collectors?

You have certain rights and protections when being contacted by a debt collector. If you’re being harassed or feeling overwhelmed by their communications, you can ask a debt collector to stop contacting you.

Keep in mind, though, that there’s certain information that legitimate debt collectors are required to provide to help you verify whether the debt is yours or if it’s a scam. Stopping communications also doesn’t mean the debt goes away, and depending on the circumstances and the collector, they can find other ways to collect, including filing a lawsuit against you.

How to find a lawyer to help with a debt

A lawyer with experience in consumer law or debt collection can help you understand your state or federal rights. Also, if you’re working with an attorney, all of your communications can go through them if you let the collector know.

There are a number of ways to find a reputable lawyer in your area, including going through a local referral service or a state legal aid program if you’re unable to pay for legal support. Learn more about how to find a lawyer.

If you're having trouble with debt collection, you can submit a complaint with the CFPB.

What is an unfair, deceptive or abusive practice by a debt collector?

Federal law makes it illegal for debt collectors to use unfair or abusive practices or deceptive statements to collect a debt.

The Fair Debt Collection Practices Act (FDCPA) prohibits debt collectors from using abusive, unfair, or deceptive practices to collect debts from you, including:

  • Misrepresenting the nature of the debt, including the amount owed
  • Falsely claiming that the person contacting you is an attorney
  • Threatening to have you arrested
  • Threatening to do things that can’t legally be done or threatening to do things that the debt collector has no intention of doing.

Examples of unfair practices

Here are a few examples of what the FDCPA would consider a prohibited practice used to collect on a debt. Debt collectors are not allowed to:

  • Try to collect charges in addition to the debt unless they are allowed by the contract or law
  • Communicate or attempt to communicate with you in connection with the collection of a debt through a social media platform if the communication or attempt to communicate is viewable by the general public or the person’s social media contacts
  • Communicate with you by sending an email that the debt collector knows is provided to you by your employer, unless an exception applies
  • Use any language or symbol on an envelope for correspondence with you that indicates it is a debt collector, other than the debt collector’s address or business name that doesn’t indicate it’s in the debt collection business

Examples of false or deceptive statements

Debt collectors are not allowed to falsely claim or imply that:

  • They are attorneys or government representatives
  • You have committed a crime by not paying a debt
  • They operate or work for a credit reporting company
  • You will be arrested or imprisoned if you don’t pay
  • They will garnish or seize your wages, bank account, or property
  • Documents that they send you are legal documents if they aren’t

Examples of harassment by a debt collector

A debt collector is also not allowed to harass, oppress, or abuse you or anyone else they contact. This includes repetitious phone calls with the intent to harass, use of obscene or profane language, and threats of violence or harm.

Learn more about what’s considered an abusive practice

What to do if you think a debt collector violated the law

If you believe a debt collector is using an unfair, deceptive or abusive practice to collect a debt, you can submit a complaint with the CFPB and the Federal Trade Commission.

There are also state and other federal laws that generally prohibit practices that might be considered unfair, deceptive, or abusive acts or practices. You can report the incidents to your state's attorney general.

What may happen if I ignore or avoid a debt collector?

There are federal protections to prohibit harassment or abusive communications by a debt collector. Ignoring or avoiding a debt collector, though, is unlikely to make the debt collector stop contacting you. They may find other ways to contact you, including filing a lawsuit.

While being contacted by a debt collector might feel overwhelming, talking with them can help you get more information about the debt. Ignoring or avoiding the debt collector is also unlikely to make them stop contacting you, and they may use other methods to try to collect the debt, including filing a lawsuit against you.

What to do when a debt collector contacts you

There’s certain information that debt collectors are generally required to provide to help you determine whether or not the debt is yours and to inform you how you can dispute the debt, if you don’t believe you owe it or the amount is incorrect. If they refuse to provide this information, it’s a warning sign that it may be a scam.

Learn more about what you should do if a debt collector contacts you

How to respond if a debt collector sues you

If you ignore a debt collector’s attempts to contact you and they file a lawsuit to collect the debt, it’s important to take it seriously. Not responding to a properly served lawsuit – even if you’re unsure whether you owe the debt – can result in the court issuing a judgment against you, which could limit your ability to dispute the debt, even if it’s already been paid or you don’t owe it.

Learn what to do if you’re sued by a debt collector

Sources and publication details

The federal agency source text is U.S. government work in the public domain. Fynoptic selected, adapted, and formatted it for this guide. No agency endorsement is implied. Follow the linked sources for current program details and the rules applicable to your circumstances.

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