Dealing with debt collectors can be a stressful experience. You can't just ignore their calls and hope they go away, but you can take steps to limit the number of calls you receive.
The Fair Debt Collection Practices Act (FDCPA) regulates how debt collectors can contact you. According to the FDCPA, debt collectors can only contact you between 8am and 9pm.
Ignoring debt collectors won't make them stop calling. In fact, the FDCPA allows debt collectors to contact you multiple times per week, as long as it's not excessively frequent.
Stopping Debt Collectors
You can force debt collectors to stop calling you by taking a few simple steps. Report any problems you have with a debt collector to your state attorney general's office, the Federal Trade Commission, or the Consumer Financial Protection Bureau.
If you think a debt collector broke the law, you have the option to sue them in a state or federal court. You must file your lawsuit within one year of when the collector broke the law. Debt collectors are governed by the Fair Debt Collection Practices Act (FDCPA), a federal law that protects you from abusive or unfair debt collection.
Debt collectors must follow specific guidelines under the FDCPA, including not contacting you before 8 a.m. or after 9 p.m. without your permission, and not calling you at work if you've told them you cannot receive calls there. You can also ask a debt collector to stop contacting you by sending a cease-and-desist letter.
A cease-and-desist letter should include your current date, the collector's name and address, your name and address, and information about the account itself. You can use sample letters provided by the Consumer Financial Protection Bureau as a guide.
Here are some key things to keep in mind when sending a cease-and-desist letter:
- You can send a cease-and-desist letter to stop debt collectors from contacting you.
- A cease-and-desist letter must include your current date, the collector's name and address, your name and address, and information about the account itself.
- The collector may still contact you to confirm that it will stop additional communications, to let you know that it has the right to take further actions, or to notify you that it is taking further action against you.
Be aware of the potential consequences of sending a cease-and-desist letter, including the possibility that the collector may file a lawsuit against you. However, sending a cease-and-desist letter can relieve some of the pressure you're feeling from continuous phone calls and help you stay on top of any changes to the account.
Understanding Debt Collection
Debt collectors are governed by the Fair Debt Collection Practices Act (FDCPA), a federal law that protects you from abusive or unfair debt collection. They must follow specific guidelines, including not contacting you before 8 a.m. or after 9 p.m. without your permission.
If a debt collector calls, you can choose not to discuss any debt with them until you receive a written debt validation letter, which should include the debt balance, the name of the creditor, and a summary of your rights under the FDCPA. This letter is a crucial step in verifying whether the debt is even yours to begin with.
To verify the debt, ask the caller to provide their name, company, street address, telephone number, and a professional license number (if required by your state). Don't provide your personal or financial information until you've established that the debt collector is legitimate.
Here are some key facts to keep in mind when dealing with debt collectors:
Remember, you have the right to control which debts your payments apply to, and a debt collector can't apply a payment to a debt you say you don't owe.
Repaying Basics
You have the right to control which debts your payments apply to. If a debt collector is trying to collect more than one debt from you, they must apply any payment you make to the debt you choose.
You can't just let a debt collector apply payments to any debt they want. You have the power to decide which debt to prioritize.
A debt collector can report your debt to a credit reporting company, but they must take certain steps first. They must either talk to you by phone or in person about the debt or mail a letter or send an electronic communication about the debt and wait for a reasonable amount of time, usually 14 days.
Before discussing a debt with a collector, verify whether the debt is even yours. This is the first step in dealing with a debt collector.
You can ask the caller to provide their name, company, street address, telephone number, and a professional license number (if your state requires debt collectors to be licensed). Don't provide your personal or financial information until you've established that the debt collector is legitimate.
Here are the steps you can take to verify a debt:
- Ask the caller to provide their name, company, street address, telephone number, and a professional license number (if required)
- Request a written debt validation letter with the debt balance, creditor's name, and a summary of your rights under the FDCPA
What Constitutes Harassment?
Debt collectors are not allowed to harass you or misrepresent information around your debt.
Repeatedly calling you to harrass you is a form of harassment.
Debt collectors cannot use profane language when contacting you.
Threatening violence is also a form of harassment.
Debt collectors are not allowed to publish information about people who don’t repay their debt.
They must disclose who they are when contacting you.
Lying about being an attorney is a misrepresentation of their identity.
Threatening to have you arrested is a form of harassment.
Lying about how much you owe is also a misrepresentation of your debt.
Here are some examples of debt collector harassment:
- Repeatedly calling you to harrass you
- Using profane language
- Threatening violence
- Publishing information about people who don’t repay their debt
- Refusing to say who they are
- Lying about being an attorney
- Threatening to have you arrested
- Lying about how much you owe
Collector Calls: Your Legal Rights
You have the right to not be harassed by debt collectors, and there are specific rules they must follow.
Debt collectors are governed by the Fair Debt Collection Practices Act (FDCPA), a federal law that protects you from abusive or unfair debt collection.
Debt collectors may not contact you before 8 a.m. or after 9 p.m. without your permission, and they cannot call you at work if you've told them you cannot receive calls there.
They must disclose information about the debt, including the creditor, the amount, and what you can do if you suspect the debt isn't yours.
Debt collectors cannot contact you after you've requested (in writing) that they stop communication, except to respond to your request and to notify you of any specific actions being taken, such as a lawsuit.
If you've hired an attorney, debt collectors must communicate with your attorney, unless your attorney is unresponsive or agrees to direct contact between you and the debt collector.
Here are the specific rules debt collectors must follow:
Resources
If you're tired of debt collectors calling you nonstop, you have options to make them stop.
You can report any problems you have with a debt collector to your state attorney general's office, the Federal Trade Commission, or the Consumer Financial Protection Bureau.
If you think a debt collector broke the law, you can report them and also consider suing them in a state or federal court within one year of the incident.
If you've lost wages or had medical bills due to a debt collector's actions, you may be able to sue for those damages. Even if a court finds a debt collector violated the FDCPA, you may still owe the debt.
If you need help finding a lawyer, check out LawHelp.org.
To stop debt collectors from calling, you can send a cease-and-desist letter, but be aware of the pros and cons of doing so.
You have the right to know your options when dealing with debt collectors. Here are some key facts to keep in mind:
Debt Collection at Work
Debt collectors can call you at work, but you have the right to put an end to such calls. If you inform a debt collector in writing that you can't receive calls at your workplace, the company must stop calling you there.
You can't rely on the FDCPA to automatically restrict debt collectors from calling you at work. However, federal law does give you the right to request that debt collectors stop calling you at your workplace.
You should inform the debt collector in writing that you can't receive calls at work, as this will help them comply with the law. This can be a simple letter or email stating your request.
Debt collectors themselves are not prohibited from contacting you at work, only the companies they hire to collect debt.
Do's and Don'ts
If you're being hounded by debt collectors, there are steps you can take to protect yourself. Keep a written record of conversations with debt collectors, as this can help you keep track of promises made and broken.
Debt collectors can only call you between 8 a.m. and 9 p.m. based on your time zone, so if you're getting calls outside of this window, you may want to consider taking action. You can also ask debt collectors to stop calling you at work if you inform them in writing.
If you don't believe you owe a debt, send a written verification request to the collector. This can help you get confirmation of the debt and prevent the collector from continuing to contact you.
Don't ignore debt collector calls, as this can lead to more aggressive tactics like calling you at work or filing a lawsuit. Simply letting the calls go unanswered won't stop debt collectors from trying to contact you.
Here are some key things to remember about debt collector calls:
Remember, debt collectors are governed by the Fair Debt Collection Practices Act (FDCPA), which sets rules for how they can contact you and what they can say.
Lawsuits and Garnishment
If a debt collector sues you, respond by the date specified in the court papers. It's essential to respond personally or through an attorney to preserve your rights.
You can respond to a debt collection lawsuit without an attorney, but it's highly recommended to seek professional help. Don't ignore the lawsuit, or you might lose the chance to fight a court order.
A debt collector needs a court order, called a garnishment, to take money from your paycheck or bank account. This order is usually obtained after a lawsuit has been filed.
Many federal benefits are generally exempt from court-ordered garnishment, including Social Security benefits, Supplemental Security Income benefits, and Veterans benefits. These benefits are protected from garnishment, except in specific cases.
Here are some federal benefits that are generally exempt from garnishment:
- Social Security benefits
- Supplemental Security Income benefits
- Veterans benefits
- Federal student aid
- Military annuities and survivors’ benefits
- Benefits from the Office of Personnel Management
- Railroad retirement benefits
- Federal emergency disaster assistance
A debt collector cannot take money from your federal benefits without a court order, so make sure to claim these exemptions if you're eligible.
Frequently Asked Questions
What is the 777 rule with debt collectors?
The 7-7-7 rule restricts debt collectors from making more than 7 calls within a 7-day period and prohibits calls within 7 days after a previous conversation about the debt. This rule aims to prevent harassment and protect consumers from excessive contact.
What is the 11 word phrase to stop debt collectors?
To stop debt collectors, use the 11-word phrase "Please cease and desist all calls and contact with me, immediately." This phrase can provide significant protection against aggressive debt collection practices.
Sources
- https://consumer.ftc.gov/articles/debt-collection-faqs
- https://www.washingtonlawhelp.org/resource/debtors-rights-dealing-with-collection-agenci
- https://www.alabamalegalhelp.org/resource/what-you-should-know-about-debt-collection
- https://casetext.com/analysis/dont-be-harassed-here-is-how-to-stop-collection-calls
- https://www.lendingtree.com/debt-consolidation/how-to-stop-debt-collectors-from-calling/
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