We are independent & ad-supported. We may earn a commission for purchases made through our links.

Advertiser Disclosure

Our website is an independent, advertising-supported platform. We provide our content free of charge to our readers, and to keep it that way, we rely on revenue generated through advertisements and affiliate partnerships. This means that when you click on certain links on our site and make a purchase, we may earn a commission. Learn more.

How We Make Money

We sustain our operations through affiliate commissions and advertising. If you click on an affiliate link and make a purchase, we may receive a commission from the merchant at no additional cost to you. We also display advertisements on our website, which help generate revenue to support our work and keep our content free for readers. Our editorial team operates independently from our advertising and affiliate partnerships to ensure that our content remains unbiased and focused on providing you with the best information and recommendations based on thorough research and honest evaluations. To remain transparent, we’ve provided a list of our current affiliate partners here.

What Are Debtor's Rights?

By Karize Uy
Updated May 17, 2024
Our promise to you
WiseGEEK is dedicated to creating trustworthy, high-quality content that always prioritizes transparency, integrity, and inclusivity above all else. Our ensure that our content creation and review process includes rigorous fact-checking, evidence-based, and continual updates to ensure accuracy and reliability.

Our Promise to you

Founded in 2002, our company has been a trusted resource for readers seeking informative and engaging content. Our dedication to quality remains unwavering—and will never change. We follow a strict editorial policy, ensuring that our content is authored by highly qualified professionals and edited by subject matter experts. This guarantees that everything we publish is objective, accurate, and trustworthy.

Over the years, we've refined our approach to cover a wide range of topics, providing readers with reliable and practical advice to enhance their knowledge and skills. That's why millions of readers turn to us each year. Join us in celebrating the joy of learning, guided by standards you can trust.

Editorial Standards

At WiseGEEK, we are committed to creating content that you can trust. Our editorial process is designed to ensure that every piece of content we publish is accurate, reliable, and informative.

Our team of experienced writers and editors follows a strict set of guidelines to ensure the highest quality content. We conduct thorough research, fact-check all information, and rely on credible sources to back up our claims. Our content is reviewed by subject matter experts to ensure accuracy and clarity.

We believe in transparency and maintain editorial independence from our advertisers. Our team does not receive direct compensation from advertisers, allowing us to create unbiased content that prioritizes your interests.

In general, debtor’s rights are rights entitled to a debtor, or a person who has borrowed a loan from a creditor. These rights make sure that creditors, such as banks, organizations, and individual loaners, do not carry out abusive or unreasonable actions towards debtors when the time comes to repay the debt. Situations that can make these rights applicable include debt collection, bankruptcy, and lawsuits. Many countries have a section in their constitution that extensively discusses a debtor’s rights, called the Fair Debt Collection Practices Act (FDCPA).

Debtors are usually given a certain period wherein they are expected to pay off their debts. Creditors can be abusive to debtors, especially when the latter is unable to pay on time. In these cases, a debtor’s rights include filing a complaint against a creditor for excessive actions such as calling during inappropriate hours, threatening and humiliating family members, or using profanity during discussions. A debtor also retains the right not to be evicted from his house when unable to pay the debt, as well as possession of his chattel or other properties. He also has the right to forward a written notice towards the creditor to discontinue any communication that does not involve the debt collection.

Debtors also have the right to dispute their debts, and the US FDCPA requires creditors to remind the debtors of this right. The debtor’s rights to dispute can apply in situations when he has settled his bills already and the collector still contacts him, or when he wants to contest the amount of debt stated. In some cases, a debtor can also dispute a debt that has a “time bar,” meaning the claim has a deadline in which the collector can obtain the debt, and the deadline has ended.

In relation to disputing the debt, the debtor is advised to give a written notice to the collectors to discontinue any communication, aside from informing the debtor that they will stop collecting the debt, or that they will take legal action against the debtor. If the creditor does otherwise, the debtor has the right to sue the creditor. He can be compensated for lawyer and other court fees.

If the debtor does not have any chance of repaying his debt, he has the right to file for bankruptcy. In the US, debtors can choose between a liquidation process or a plan for repayment, according to the law. Regarding bankruptcy, a debtor’s rights can include not having to repay creditors that are listed as discharged and choose which creditor he will repay. The debtor can also be entitled to an “earner plan” that redirects his partial wages to repay the debts.

WiseGEEK is dedicated to providing accurate and trustworthy information. We carefully select reputable sources and employ a rigorous fact-checking process to maintain the highest standards. To learn more about our commitment to accuracy, read our editorial process.

Discussion Comments

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.

WiseGEEK, in your inbox

Our latest articles, guides, and more, delivered daily.