Updated November 8, 2026 · By John C. Hubbard, Attorney
If a debt collector is calling you at work, calling your family, threatening arrest or a lawsuit it has no intention of filing, or collecting a debt you do not owe, federal law gives you a claim against the collector, with statutory damages and the collector paying your attorney’s fee. John C. Hubbard has practiced consumer law in Alabama since 2008 and handles debt collection cases for people in Birmingham, Hoover, Vestavia Hills and across the state. Free case review, no fee unless money is recovered. Call or text 205-378-8121 or use the form below.
What a collector in Alabama cannot do
The Fair Debt Collection Practices Act applies to third-party collectors and debt buyers collecting consumer debts. It bars calls before 8 a.m. or after 9 p.m., calls at work once the collector knows your employer forbids them, and any contact after you have told the collector in writing to stop or that you have a lawyer (15 U.S.C. § 1692c). It bars harassment, including repeated calls meant to annoy and profane language (§ 1692d). It bars false or misleading statements of any kind: the amount of the debt, the collector’s identity, threats of arrest, threats of suit the collector does not intend to file, and claims that a debt is owed when it is not (§ 1692e). It bars unfair practices, including collecting amounts the contract or law does not allow (§ 1692f). And it requires the collector to send a written validation notice within five days of first contact and to stop collecting while it verifies a debt you dispute in writing within 30 days (§ 1692g).
Alabama has no separate state collection statute for third-party collectors, which is why the federal Act does the work here. The original creditor, a bank or a hospital collecting its own account, is not covered by the FDCPA, but Alabama’s invasion of privacy tort and the federal Telephone Consumer Protection Act (robocalls and autodialed calls to a cell phone without consent, $500 to $1,500 per call) may apply to creditors.
The debt you do not owe
The best cases are the ones where the collector is wrong about the debt itself: it belongs to someone with your name, it was paid, it was discharged in bankruptcy, it is the result of identity theft, or it is past the statute of limitations and the collector sued anyway. The firm’s guide to being wrongly accused of owing a debt explains how those cases are built. If the debt is also on your credit report, there is a separate claim under the Fair Credit Reporting Act; see credit report errors.
What you can recover
Actual damages, which include the stress and lost time the collector caused; statutory damages of up to $1,000 per case; and the collector pays your attorney’s fees and costs (15 U.S.C. § 1692k). The claim must be filed within one year of the violation. Cases from Birmingham are filed in the Northern District of Alabama downtown or in the Jefferson County courts.
What to keep
Every voicemail (do not delete them), the call log from your phone, every letter and envelope, any text or email, the name of anyone at work or in your family the collector spoke to, and a short note of what was said on each call with the date and time. If you have told the collector to stop, keep a copy of the letter and the proof of mailing. Those records are the case.
Start here
Leave your name and number and tell us briefly who is calling and what they are saying. John reads every message and will call you, usually the same business day.
Frequently asked questions
Can a collector call my family?
Only to find out how to reach you, once, and without saying you owe a debt. Anything beyond that is a violation. The firm’s post on when collectors can contact your family goes through the rule.
They say they will have me arrested.
Consumer debt is not a crime in Alabama, and a collector cannot threaten arrest or criminal charges. Save the voicemail or the letter; that threat alone is a claim.
I owe the debt. Do I still have a case?
Yes. The Act regulates how a collector behaves, not whether the debt is valid. Owing the money does not permit the collector to harass you or lie to you. It does affect what the case is worth and whether the collector can counterclaim, which the firm weighs on the first call.
How long do I have?
One year from the violation for the FDCPA claim. Call as soon as the calls start.
Related: illegal debt collection, Dallas debt collection harassment lawyer, debt statutes of limitations in Alabama and Texas, how long you have to answer a debt lawsuit in Alabama.
This page is general information about federal and Alabama law and is not legal advice. Contacting the firm does not create an attorney-client relationship. No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.