I received a letter from a debt collector – am I obliged to pay?

Many people receive letters, phone calls, or emails from debt collection agencies. Usually, these communications contain claims of “outstanding debt” and warnings of legal action. The logical question arises: should you pay immediately?

What should you do first?

Check whether the debt is real.

The collector often acquires the claim through an assignment (cession under Art. 99 of the Obligations and Contracts Act).

You have the right to request written evidence: credit/service agreement, account statements, notice of assignment.

If you do not receive such documents, you are not obliged to pay.

Check whether the debt is time-barred.

The general limitation period is 5 years (Art. 110 OCA).

For interest, penalties, and periodic payments – 3 years (Art. 111 OCA).

The statute of limitations does not apply automatically – the debtor must explicitly invoke it.

Always request written correspondence.

Do not make oral promises over the phone.

If necessary, send a letter requesting the relevant documents.

What should you not do?

Do not sign documents without consultation – they often contain acknowledgment of debt.

Do not pay the collector without written proof – you risk paying for a non-existent or time-barred debt.

Do not give in to threats – collectors have no right to impose garnishments or liens. This can only happen through a court and a bailiff.

What to do in case of threats and pressure?

If the collector uses:

• offensive or degrading language,

• repeated calls,

• threats of unlawful consequences,

you may file a complaint with:

• The Consumer Protection Commission – for unfair practices;

• The Commission for Personal Data Protection – if your data is misused;

• The Prosecutor’s Office or the police – in cases of real threats or extortion (Art. 143 of the Criminal Code).

What if the debt is real?

Even if the obligation is valid:

• you have the right to request installments;

• to negotiate reduction or forgiveness of interest;

• to verify whether the amount is correctly calculated.

It is important to know that the debt may only be collected legally – through a court decision and enforcement proceedings by a bailiff.

Conclusion

A letter from a collector does not automatically mean an obligation to pay. Always check first whether the debt is real, whether it is time-barred, and whether evidence has been provided. Do not give in to pressure – you have rights protected by law.

This article does not constitute legal advice related to a specific case or person. For legal assistance, you should consult a lawyer specialized in civil and contract law.

Received a letter from a debt collector? Learn how to check if the debt is real, when it is time-barred, and what your rights are. Practical advice and legal protection.