What to Do if a Debt Collector Calls You for Someone Else's Debt

When a person owes money and doesn’t pay, it’s not unusual for debt collectors to get involved. It’s also not unusual for collection agencies to resort to aggressive tactics to get people to pay their debts.

But what if you’re being contacted by a debt collector for a debt that isn’t yours? It could be that you have a similar name to the actual person who owes the money and the debt collector is confused. Or, it could be that a family member of yours owes the debt, and the debt collector is trying to pressure you into getting them to pay. Any number of situations could lead to you being contacted for a debt that isn’t yours.

It’s important to know your rights when a debt collector reaches out to you. Here’s how to handle this type of situation.

Make It Clear That They Have the Wrong Person

If your name is similar to that of someone whose debt has landed in collections, a debt collector might contact you accidentally. If that's the case, make it clear that the debt in question is not yours. You should also state that you have no knowledge of the debt or the person whose debt it is.

Keep in mind that if a debt collector has the wrong person, the burden is not on you to prove that you don’t owe the money. You are not required to provide a debt collector with personal details such as your address or Social Security number. 

In fact, you shouldn’t provide a debt collector with this information because sometimes, scammers can pose as debt collectors in an attempt to obtain your personal data. 

If the debt collector continues to call you despite having been told that the debt is not yours, send them a letter by certified mail demanding that they stop communicating with you regarding the debt. If they don't comply, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) and Federal Trade Commission (FTC).

You might also, depending on the situation, need to seek the help of an attorney if the calls don't stop.

Know Your Rights Under the FDCPA

The Fair Debt Collection Practices Act (FDCPA) is a set of rules that dictates what debt collectors can and cannot do. 

Debt collectors are allowed to try to locate debt holders by reaching out to known associates, such as family members. If you have a family member who owes money, a debt collector is legally allowed to ask you for their address, phone number, and where they work. They can ask, but you don’t have to answer. You are not obligated to share any details about that person even if you know them. 

Also, debt collectors are not allowed to discuss somebody else's debt with you. They also generally can't call you more than once to track down somebody you know who holds the debt. 

If you continue to receive calls about someone else’s debt when it’s been made clear to the debt collector that you’re not the debt holder, you can report them to the CFPB and FTC. In an extreme case, you could contact an attorney if you feel you’re being harassed. 

Keep Detailed Records of All Communications

If a debt collector calls you for a debt you don't owe, in some cases, explaining that they have the wrong person will put the matter to rest. If it doesn't, make sure to keep a detailed record of all communications with the debt collector so you're able to file an accurate complaint and/or pursue legal action if necessary.

That record should include:

• The date and time of each call

• The incoming phone number

• The number the debt collector contacts you on

• The name of the debt collection representative, if it's provided to you

• The nature of the call (meaning, what the debt collector says and what you say in return)

Also keep any written communication you receive from a debt collector, as well as a record of any communication you send them via mail (like a letter demanding that they stop contacting you).

Understand Your Rights if You're Contacted About a Deceased Family Member's Debt

It may be that you're being contacted by a debt collector because a parent of yours has passed before paying off their debt and you're the next of kin. Generally speaking, you're not responsible for paying a parent or family member's debt unless you co-signed an agreement.

For example, if you co-sign a personal loan for a parent or the two of you submitted a joint application and they pass away, you are generally responsible for the balance. If the loan was in their name only, you are not personally responsible for it.

That said, when a person passes away, their remaining debts become part of their estate. Whoever administers the estate is required to pay off debts before assets can be distributed. 

In other words, let’s say your mom passes away and leaves a $500,000 home, a $100,000 mortgage, and $50,000 worth of various debts. The estate would need to repay the $150,000 in debt before giving the heirs money from the sale of the home.

If you're not the executor or administrator of the estate, you want to make a note of the details of the debt and inform the executor or administrator so they're aware of it.

If you're the person administering the estate, it's a good idea to consult with an attorney if you receive a call from a debt collector about money that's owed. 

Know How to Handle Debt Collections

It’s important to know what rights you have as a consumer if you’re contacted by debt collectors—whether by mistake or due to a debt you did incur. While it’s not so uncommon to be contacted about somebody else’s debt, know that you do not have to put up with repeated collection calls. If a debt collector doesn’t leave you alone, you shouldn’t hesitate to take appropriate action.