Guide to Elderly Debt Collection Laws (2024)

Table of Contents
Examples of Disturbing and Unethical Debt Collection Tactics Used Against the Elderly Rights and Protections You Get From The FDCPA What is SoloSuit? How to Answer a Summons for debt collection in all 50 states Guides on how to resolve debt with every debt collector Resolve your debt with your creditor Settle your medical debt Guides on arbitration Stop calls from debt collectors Federal debt collection laws can protect you Get debt relief in your state Debt collection laws in all 50 states Statute of limitations on debt state guides Check the status of your court case How to stop wage garnishment in your state Other wage garnishment resources How to settle a debt in your state How to settle with every debt collector Other debt settlement resources Personal loan and debt relief reviews How to repair and improve your credit score How to resolve student loan debt Civil law legal definitions Get answers to these FAQs on debt collection How-to debt guides Learn more with these additional debt resources FAQs

George Simons | December 12, 2023

Guide to Elderly Debt Collection Laws (1)

Co-Founder of SoloSuit
George Simons, JD/MBA

George Simons is the co-founder and CEO of SoloSuit. He has helped Americans protect over $1 billion from predatory debt lawsuits. George graduated from BYU Law school in 2020 with a JD-MBA. In his spare time, George likes to cook, because he likes to eat.

Edited by Hannah Locklear

Guide to Elderly Debt Collection Laws (2)

Editor at SoloSuit
Hannah Locklear, BA

Hannah Locklear is SoloSuit’s Marketing and Impact Manager. With an educational background in Linguistics, Spanish, and International Development from Brigham Young University, Hannah has also worked as a legal support specialist for several years.

Guide to Elderly Debt Collection Laws (3)

Summary: Debt collectors love to take advantage of the elderly. Find out how to keep debt collectors from harassing you and those you care about.

If you are being subjected to harassment by a debt collector, the stress and anxiety can be debilitating. You dread opening the mailbox out of concern that there will be a new threatening letter sent by the collection agency. You avoid phone calls, particularly calls from an unidentified number. You may have trouble sleeping due to concern about your long-term financial future.

Unfortunately, the concerns and stress associated with harassment from debt collectors are quite common and experienced by many people in all walks of life, even elderly individuals. The threats and harassment from a debt collector can be overwhelming for a senior citizen causing unnecessary stress and anxiety which, in some instances, can exacerbate existing health issues.

According to the Consumer Financial Protection Bureau's Office for Older Americans, a frequent complaint from elderly individuals with unpaid debts is the frequent and abusive encounters with debt collectors. One out of every three complaints filed with the CFPB is related to an incident with a debt collector.

Complaints ranged from debt collectors threatening to garnish federal benefits to general harassment. This is extremely troubling, especially when you consider the fact that some elderly individuals have cognitive issues and are at a much greater risk of being taken advantage of by an unethical debt collector.

If you are a senior citizen being subjected to harassing phone calls and correspondence from a debt collector, do not give up hope. There are laws in place that are designed to protect you from such harassment.

See Also
Can Creditors Take Your Social Security? | BankrateHow to Write a Re-Aging Debt LetterRetired and in Debt: Help for Senior CitizensWhat You Need to Know About Judgment Proof Status

Don't let debt collectors take advantage of you. Respond with SoloSuit.

Examples of Disturbing and Unethical Debt Collection Tactics Used Against the Elderly

Anyone can be subjected to abusive debt collection practices. Nevertheless, elderly individuals are more vulnerable and, based on public data, frequently file more complaints with the CFPB than any other demographic related to encounters with debt collectors. Some of the types of abusive collection practices that have been reported by elderly individuals include the following:

  • Threats of garnishing retirement benefits - Debt collectors often threaten elderly individuals with the prospect of pursuing a garnishment of their retirement benefits as a way to convince the individual to pay the debt. Please understand that debt collectors are legally prohibited from garnishing Social Security income or benefits. Also, most retirement accounts are exempt from garnishment related to unpaid debt. Some debt collectors threaten that they will file a lawsuit to obtain a judgment to garnish income as an added punishment. Please note that such a tactic is illegal and would never be approved by a court.
  • Making baseless threats and using inappropriate language during the call - Debt collectors are often disrespectful and downright mean to senior citizens. They often assume that senior citizens do not understand their legal rights regarding fair debt collections. They also assume they can harass a senior citizen to the point where they will bend to their will, borrow money or go without medicine, food, or other necessities simply to pay off the debt. Also, as mentioned earlier, there have been disturbing incidents where a debt collector has attempted to take advantage of senior citizens with diagnosed cognitive issues such as Alzheimer's Disease.
  • Attempting to collect on a debt owed by a deceased individual - Unless the surviving spouse co-signed on the debt or agreed to be personally liable for the debt, a debt collector is unable to demand that the surviving spouse repay the debt. Unfortunately, many debt collectors try to prey on an individual's lack of knowledge in this regard and mislead the grieving spouse into making a payment under the belief that they are responsible for the debt.
  • Attempting to collect on time-barred debts - Creditors and debt collectors are only afforded a finite period of time to take legal action to recover on an unpaid debt. This period of time is known as the statute of limitations. When the statute of limitations expires, a debt collector is prohibited from filing a lawsuit to recover the debt. This means it has become a “time-barred” debt. Unfortunately, some debt collectors will press forward and try to collect on an old, time-barred debt hoping that you do not ask them for the actual age of the debt.

Use SoloSuit to respond to debt collectors in 15 minutes.

Rights and Protections You Get From The FDCPA

If you are a senior citizen being subjected to harassing phone calls and letters from a debt collector, please understand that you do not have to endure such treatment. Debt collectors are required to obey the law regarding fair debt collection practices. At the federal level, Congress enacted the Fair Debt Collection Practices Act, which prevents debt collectors from taking certain actions when attempting to collect on a debt.

According to the FDCPA, debt collectors are generally not allowed to harass you, your loved ones, work colleagues, etc. in pursuit of repayment on a debt. For example, debt collectors are expressly prohibited under the FDCPA from engaging in the following types of collection practices:

  • Calling you before 8:00 a.m. or after 9:00 p.m. without your permission
  • Threatening to harm you or members of your family physically
  • Threatening to harm you or members of your family financially
  • Using obscene or inappropriate language during phone calls or other correspondence
  • Calling you repeatedly
  • Calling you at work

If you send a cease and desist letter to the debt collector telling them to stop phone and written contact, there is a provision in the FDCPA that requires collectors who receive the cease and desist letter to immediately halt making phone calls and sending letters. Though, a cease and desist letter does not prohibit a debt collector from filing a lawsuit.

Senior citizens who are being harangued and threatened by debt collectors have rights and do not have to suffer through such abuse during their golden years. There are federal protections afforded to individuals when it comes to being contacted by debt collectors under the FDCPA. Also, many states have their own set of laws designed to protect individuals, including the elderly, from being abused and harassed by debt collectors.

What is SoloSuit?

SoloSuit makes it easy to respond to a debt collection lawsuit.

How it works: SoloSuit is a step-by-step web-app that asks you all the necessary questions to complete your answer. Upon completion, you can either print the completed forms and mail in the hard copies to the courts or you can pay SoloSuit to file it for you and to have an attorney review the document.

Respond with SoloSuit

"First time getting sued by a debt collector and I was searching all over YouTube and ran across SoloSuit, so I decided to buy their services with their attorney reviewed documentation which cost extra but it was well worth it! SoloSuit sent the documentation to the parties and to the court which saved me time from having to go to court and in a few weeks the case got dismissed!" – James

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>>Read the FastCompany article: Debt Lawsuits Are Complicated: This Website Makes Them Simpler To Navigate

>>Read the NPR story on SoloSuit: A Student Solution To Give Utah Debtors A Fighting Chance

How to Answer a Summons for debt collection in all 50 states

Here's a list of guides on how to respond to a debt collection lawsuit in each state:

The Ultimate 50 State Guide

Guides on how to resolve debt with every debt collector

Are you being sued by a debt collector? We’re making guides on how to resolve debt with each one.

Resolve your debt with your creditor

Some creditors, banks, and lenders have an internal collections department. If they come after you for a debt, Solosuit can still help you respond and resolve the debt. Here’s a list of guides on how to resolve debt with different creditors.

See Also
How to Avoid Paying a Judgment

Settle your medical debt

Having a health challenge is stressful, but dealing medical debt on top of it is overwhelming. Here are some resources on how to manage medical debt.

Guides on arbitration

If the thought of going to court stresses you out, you’re not alone. Many Americans who are sued for credit card debt utilize a Motion to Compel Arbitration to push their case out of court and into arbitration.

Below are some resources on how to use an arbitration clause to your advantage and win a debt lawsuit.

Stop calls from debt collectors

Do you keep getting calls from an unknown number, only to realize that it’s a debt collector on the other line? If you’ve been called by any of the following numbers, chances are you have collectors coming after you, and we’ll tell you how to stop them.

Federal debt collection laws can protect you

Knowing your rights makes it easier to stand up for your rights. Below, we’ve compiled all our articles on federal debt collection laws that protect you from unfair practices.

Debt collection laws in all 50 states

Debt collection laws vary by state, so we have compiled a guide to each state’s debt collection laws to make it easier for you to stand up for your rights—no matter where you live.

Statute of limitations on debt state guides

Like all debt collection laws, the statute of limitations on debt varies by state. So, we wrote a guide on each state’s statutes. Check it out below.

Statute of Limitations on Debt Collection by State (Best Guide)

Check the status of your court case

Don’t have time to go to your local courthouse to check the status of your case? We’ve created a guide on how to check the status of your case in every state, complete with online search tools and court directories.

How to stop wage garnishment in your state

Forgot to respond to your debt lawsuit? The judge may have ordered a default judgment against you, and with a default judgment, debt collectors can garnish your wages. Here are our guides on how to stop wage garnishment in all 50 states.

Other wage garnishment resources

How to settle a debt in your state

Debt settlement is one of the most effective ways to resolve a debt and save money. We’ve created a guide on how to settle your debt in all 50 states. Find out how to settle in your state with a simple click and explore other debt settlement resources below.

How to settle with every debt collector

Not sure how to negotiate a debt settlement with a debt collector? We are creating guides to help you know how to start the settlement conversation and increase your chances of coming to an agreement with every debt collector.

Other debt settlement resources

Personal loan and debt relief reviews

We give a factual review of the following debt consolidation, debt settlement, and loan organizations and companies to help you make an informed decision before you take on a debt.

How to repair and improve your credit score

Debt has a big impact on your credit. Below is a list of guides on how to repair and improve your credit, even while managing major debt.

How to resolve student loan debt

Struggling with student debt? SoloSuit’s got you covered. Below are resources on handling student loan debt.

Civil law legal definitions

You can represent yourself in court. Save yourself the time and cost of finding an attorney, and use the following resources to understand legal definitions better and how they may apply to your case.

Get answers to these FAQs on debt collection

How-to debt guides

Learn more with these additional debt resources


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Guide to Elderly Debt Collection Laws (2024)

FAQs

What is the 7 in 7 rule for debt collection? ›

This rule states that a creditor must not contact the person who owes them money more than seven times within a 7-day period. Also, they must not contact the individual within seven days after engaging in a phone conversation about a particular debt.

Read On ›
What is the 11 word phrase to stop debt collectors? ›

If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.

Discover More Details ›
Will they put a 70 year old woman in jail for credit card debt? ›

NO. You cannot go to jail simply for failing to pay your credit card debt. It is also illegal for creditors or debt collectors to threaten you with arrest or any kind of criminal penalty to try to get you to pay.

Continue Reading ›
Can senior citizens stop paying credit card debt? ›

Debt Collection Protections for Seniors

Debt collectors can't garnish income from retirement accounts, Social Security, VA, or other government benefits. They also can't garnish spousal Social Security, or other income your spouse gets from retirement accounts or government benefits.

See Details ›
What is the 80 20 rule in debt collection? ›

The rule is often used to point out that 80% of a company's revenue is generated by 20% of its customers. Viewed in this way, it might be advantageous for a company to focus on the 20% of clients that are responsible for 80% of revenues and market specifically to them.

Find Out More ›
What is the 777 rule for regulation F? ›

The 7-in-7 rule: Reg F stipulates that there may be no more than seven (7) calls made by a debt collector to a consumer in a span of seven (7) days.

Tell Me More ›
What is the loophole of debt collection? ›

The legal loophole is the debtor has no right in law to know or enquire who ownes the debt which then makes the contractural relationship no longer transparent.

Show Me More ›
What should you not say to debt collectors? ›

Protecting the Rights of Consumers For Over 25 Years
  • Don't Admit the Debt.
  • Don't provide bank account information or other personal information.
  • Document any agreements you reach with the debt collector.
May 29, 2024

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How to outsmart a debt collector? ›

You can outsmart debt collectors by following these tips:
  1. Keep a record of all communication with debt collectors.
  2. Send a Debt Validation Letter and force them to verify your debt.
  3. Write a cease and desist letter.
  4. Explain the debt is not legitimate.
  5. Review your credit reports.
  6. Explain that you cannot afford to pay.
Mar 11, 2024

Continue Reading ›
What is the Fair credit Act for seniors? ›

The Fair Debt Collection Practices Act (FDCPA) helps protect older adults and other consumers from threatening, abusive, or deceptive debt collection practices. These include: Using profanities. Threatening violence or arrest.

Show Me More ›

What happens if an elderly person dies with credit card debt? ›

If the deceased passed away with credit card debt, their balances typically are paid from the proceeds of their estate.

Read The Full Story ›
Can social security be garnished for unpaid credit card debt? ›

In general, the answer is no, creditors and debt collectors cannot seize your Social Security benefits.

See Details ›
Can credit card companies garnish your retirement? ›

The answer is that your assets held in retirement plans are generally safe from creditors, even if you are involved in a bankruptcy action. Your creditors cannot simply go to your retirement plan and demand money from your account.

Get More Info Here ›
How can a senior citizen get out of debt? ›

Seniors may be able to get their payments lowered if the debt is federal or PLUS. Try options such as an income-based repayment plan or a discharge. Also consider deferment, forbearance, or consolidation.

Continue Reading ›
Is the national debt relief program legit? ›

Is National Debt Relief legit? National Debt Relief is an accredited member of the American Association for Debt Resolution (AADR). It has been around since 2009 and has helped over 600,000 individuals reduce their debt. It also has an A+ rating from the BBB (Better Business Bureau).

View More ›
What is the new debt collection rule? ›

On November 30, 2021, the Debt Collection Rule became effective. The rule clarifies how debt collectors can communicate with you, including what information they're required to provide you.

View Details ›
What is the minimum amount of debt for Chapter 7? ›

There is no minimum debt to file bankruptcy, so the amount does not matter. Examples of unsecured debts include credit card debt, cash advance (payday) loans, and medical bills. Secured debts: If you are behind on a house or car payment, this may be a very good time to file for bankruptcy.

See More ›
What are the debt limits for Chapter 7? ›

Again, there's no minimum or maximum amount of unsecured debt required to file Chapter 7 bankruptcy. In fact, your amount of debt doesn't affect your eligibility at all. You can file as long as you pass the means test. One thing that does matter is when you incurred your unsecured debt.

Learn More ›
How many times can a collector call in a day? ›

According to the Federal Trade Commission, a debt collector may almost certainly call you more than once, but six calls per day is probably too many. Between these extremes, it depends on the facts of your particular case. Can a debt collector call me at work?

Discover More Details ›
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