A collector is calling. In BC, they have to follow strict rules.

In 30 seconds, here's what's true

• A collector can't call you before 7 a.m. or after 9 p.m. on weekdays or Saturdays. On Sundays they can only call between 1 p.m. and 5 p.m. On a statutory holiday they can't call you, your family, or your friends at all.
• A collection agency has to send you the details in writing first: how much you owe and who owns the debt. People's Law School says they must wait 5 days after sending that notice before they call. This notice rule doesn't apply if the company is the original creditor or bought the debt outright.
• In BC a creditor usually has only 2 years to sue you over a debt, counting from your last payment or the last time you admitted owing it in writing, and after that they normally can't take you to court.
• A collector can't threaten you, swear at you, or use scare tactics, and they can't threaten to sue unless they really are suing or threaten to have you arrested over an ordinary consumer debt.
• You can tell a collector in writing to contact you only in writing, or only through your lawyer. They can't discuss your debt with your family, friends, or boss. They can only ask those people for your contact information.

How the process works

1. 1

   Make them put it in writing first

   Before you agree to anything on the phone, ask the collector to send you the full details in writing: the amount, and the name of the company that owns the debt. This is your right, and it lets you check the debt is real and actually yours before you say a word about paying.

2. 2

   Check if the debt is too old to sue over

   In BC a creditor generally has 2 years to sue you, counting from your last payment or the last time you admitted the debt in writing. If it's been longer than that with nothing, they usually can't take you to court. Careful: making even a small payment, or admitting the debt in writing, can restart the 2-year clock. So don't do either until you know where you stand.

3. 3

   Set the rules for how they contact you

   You can send the collector a letter or email saying you want them to contact you only in writing, or only through your lawyer. Once you do, they have to follow it, and this alone can stop a wave of phone calls while giving you a written record to rely on.

4. 4

   Write down every contact

   Keep a simple log of the date, the time, who called, and what they said, and save any voicemails and messages they leave. If a collector calls at 11 p.m. or on a holiday, threatens you, or lies to you, that record becomes your proof they broke the rules.

5. 5

   Complain if they cross the line

   Consumer Protection BC handles complaints about collectors and the agencies they work for. If a collector breaks the rules, you can report them. For free, plain help understanding an old debt or a court paper, you can also reach out to People's Law School or find an advocate through Clicklaw.

What to do next

• Ask the collector to send full details in writing: the amount owed and who owns the debt.
• Write down the date of your last payment or last written admission. That date starts the 2-year clock.
• Don't make a payment or admit the debt in writing until you've checked whether it's too old to sue over.
• Tell the collector in writing if you want contact only in writing, or only through your lawyer.
• Keep a log of every call: the date, the time, and what was said.
• Note any call before 7 a.m., after 9 p.m., outside 1 p.m. to 5 p.m. on a Sunday, or on a statutory holiday.
• Save any message that is threatening, insulting, or misleading.
• Complain to Consumer Protection BC if a collector breaks the rules, and get free help from People's Law School or Clicklaw.

Common myths