How to Stop Creditor Calls - Make Collection Calls Stop
81Stop Debt Collection Calls
Stop Collection Agency Calls
If you are being harassed, intimated and threatened by collection agencies because of a debt that is owed you need to understand your rights. Understanding your rights gives you the power to fight back and stop collection agencies intimidating and many times illegal behavior. There are a number of steps you can take to ensure that creditors stop their harassing and threatening calls. The Fair Debt Collection Act is a federal law that regulates what bill collectors cannot do in trying to collect on a debt. Most debt collection agencies engage in unethical and illegal behavior that you can put an end to.
The Fair Debt Collection Act
The Fair Debt Collection Act is a law that specifies what third party collection agencies cannot do in trying to collect on a debt. Third party collection agencies are bill collectors, and collection agencies, who are other companies other than the the original creditor. For the most part most of collection calls you will get will come from third party collection agencies. These companies are prohibited from.
1. Attempting to collect the debt by contacting you at inconvenient times and places. These times include calling after 8 pm and before 9 am.
2. Contact you about the debt if they are aware that you are represented by an attorney in regards to the debt and they have the attorneys contact information.
3. Call you at you at work if they know or have reason to know that your employer prohibits you from receiving calls.
4. Communicate with friends, family members, neighbors or any third party to inform them about the debt you owe. They can only contact a third party if you have given them permission or if they simply are trying to find your location, but they cannot inform them about the debt you owe.
5. Use abusive and profane language by the debt collector in an attempt to collect on the debt.
6. Collection agencies may not call you repeatedly or engage you continuous conversation in an attempt to harass or annoy you.
7. Debt collection agencies cannot threaten you with imprisonment for a debt unless it is lawful This threat for the most part is unlawful since you cannot go to prison or jail for simply not paying on a debt you owe.
8. Debt collectors cannot engage in any form of abusive or harassing behavior while attempting to collect on any debt.
How to Get Creditors to Stop Calling?
If you are constantly being contacted or harassed about your debt then there are several steps you can take to stop the creditor calls. Under the Fair Debt Collection Act a creditor must stop contacting you about the debt if you:
1) Send a Letter to the Creditor - You should inform the creditor in writing that you refuse to pay the debt or that you want the debt collector to stop contacting you about the debt. Any letter that you you send to the debt collector should be certified mail to ensure that the creditor does not claim they never received it. The sample text you can use is as follows:
Dear "Collection Agency Name"
Under the Fair Debt Collection Act, "If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt"
I wish to have any further communication in regards to account "Account Number" cease from your company. I do not wish to be contacted by you or representatives of your company in regards to the debt. Please cease contacting me by any form of communication.
Sincerely,
"Your Name"
Once the debt collection company receives this letter, they may only contact you to notify you that they are stopping any further collection action, to notify you that they may or are taking specific remedies.Other options available that can help you stop creditor calls include:
2) Retain an Attorney - If the creditor is engaging in unlawful behavior in collecting on a debt then you may be able to collect monetary compensation. An experienced fair debt collection attorney can evaluate whether the creditor is engaging in unlawful conduct and whether a case can be brought against the creditor. Many attorneys will not charge an upfront fee to represent you in the case.
3) Check the Statue of Limitation - If the statue of limitations has passed on collecting on the debt then the creditor will not be able to file a suit or obtain a judgment against you if you fail to pay the debt. Generally the statue of limitations runs from 4-6 years (depends on your state) to file suit to collect on the debt. It is important that you do not admit that you owe the debt or agree to a payment arrangement with the collection company which may restart the statue of limitations. You can inform the debt collector that under the statue of limitations they cannot collect on the debt and to please stop contacting you about the debt.
4) File for Bankruptcy - Once a bankruptcy case has been filed an automatic stay prevents creditors from attempting to collect on the debt including filing a lawsuit, calling you, or sending letters to collect on the debt.
It is important that you know your rights and options so that you can stop harassing, oppressive and abusive creditor calls. If you are being harassed by collection agencies evaluate your options and take action to stop their calls.
From Southern California Law Advocates: Riverside Bankruptcy Attorney & Long Beach Bankruptcy Lawyer
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I can imagine and unfortunately if you tell them its the wrong number they will a lot of times think you are just lying.
Good article - I remember being harassed a few years back for a bill that wasn't owed - it took a while but they stopped calling.
Oh my what a bad experience this would be and I do know of a few people who need this help. These are great tips and I'm going to book mark it to share. Peace and thanks for how to stop creditor calls. :)
This is great information! You did some great research!
Great hub! People need to know their rights. Lost of people feel guilty when they cannot pay off massive credit card debts. When I show them how to add up the payments they already made, and then add up the amount they charged they are often stunned! Then they realize they have already paid for what they bought...twice over!
People do not realize how 25% interest rates really work.
We need credit card reform NOW! There has to be some kind of law that forbids these kinds of interest rates!
Nice Info :-) thanks for sharing
My gosh, I sent a letter to the debt collection company, however, I did not send it certified. I received a reply back from them stating they would not be calling again. However, I received 3-4 phone calls from them since then. I mark my calendar everytime they call. What recourse do I have. I can't pay this debt, I'm disabled and they would not except my terms for repayment. Thanks all.
I have a debt I could not pay. They have now taking my whole paycheck from my banking accout leaving me as a single mother unable to pay my car payment and get groerys. When I called the customer serivce lne at the bank they said it was court order I am so upset I cant lose my car I was without a job for a year and I am just trying to pay my basic bill. do you have any advise at what I can do
If you qualify you may want to consider filing for bankruptcy. If you file right away you may be able to obtain the money back. This will depend on whether the account is frozen right now and if they have already taken the money from the account. The trustee may also force the return of the money. Other than this it is unlikely that you will be able to obtain this money back. I am sorry to hear you are going through this.
They call, they send letters, they send e-mails, they text me... debt collectors are all around. I wish I could just pay off all my debts, but I just don't have $50,000 right now. I don't even have $50 right now. Thanks for this hub. It's nice to know there are solutions and hope, because sometimes it's all pretty depressing. Peace and Love to you, Meagan
nothing applies to me. i receive between 4 to 8 phone calls daily from different collection agencies asking for different persons. when i tell them that i am none of those, they want my info which i will not disclose. to me, these people just want to steal info and i am not sure anyone knows how to stop them. they are mostly indians but there are some within the USA as well.
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Wife Who Saves 22 months ago
Your hub has great tips. I just wish they would work for people who get a telephone number that previously belonged to a person who did not pay their bills. I constantly get calls even though I tell them every day that they have the wrong number. It's very frustrating.