Stop Collection Calls 

Your rights under the Fair Debt Collection Practices Act

There is a way to stop those collection calls from coming to your home or work but remember, that does not make the debt go away.  Collectors run the gamut from professional to phone thugs and it’s that last group that caused the government to pass legislation to protect consumers.  

The Fair Debt Collection Practices Act sets guidelines for when debt collectors can call: 

1. A collector may call you between the hours of 8 am and 9 pm your local time. (Not their time)

2. A collector may call you at work if they know that your employer does not disapprove.

3. A collector may only call you one more time after you send them a cease and desist letter.

4. A collector may not keep calling you after you have sent them a cease and desist letter by certified mail.

5. Since the FDCPA doesn't specifically state which days of the week a collector may call you there is no real sanctions about stopping them from calling on the weekends and holidays. It does state that collectors cannot communicate with you during times "which should be known to be inconvenient." 

6.  A debt collector cannot misrepresent themself as an attorney.  They can not threaten you with arrest.  That cannot use abusive language or threaten physical harm.

Remember most debt collectors like to call you rather than write because what is said over the phone is not held as accountable as what is put into writing.  That's why you need to keep a log by the phone.  Record the time, name and content every call you get.

If the agency violates the law, you can seek help from a fair crdit attorney who can sue them and recover up to $1000.00 for you.  The law allows for the attorney to collect legal fees from the collector so many attorneys will take your case with no charge to you.

You have the right to refuse telephone calls and demand that all contact be in writing. You have a right to hang up on pesky collectors. You also have a right to send them a letter telling them that they are to cease and desist from calling you or your family members. Remember to send this by certified mail getting their signatures so that you have proof that the letter was received. 

You can stop collection calls but this does not prevent the collector from taking other steps to collect the debt. The collector can take you to court and get a judgment against you for the debt. When you take measures to stop the calls you should also take steps to manage the debt. 

Really you should use your rights, or threaten to use your rights, just to get control of the situation.

If the call is from a collection agency, the collector is probably on commission. He or she is probably dealing with the same financial stress you are. If he is reasonable and professional in his call, then there is an opportunity for both of you to win.

The collector would rather have a percentage of something as opposed to nothing. You on the other hand, would like the calls to go away.

Negotiate. See if a payment schedule can be worked out. If you have followed the steps in the Budget topic you know what you can afford. If you can set up a schedule that is acceptable to both of you, it buys time that you can use to strategise your way out of debt.

Not talking to a creditor does more damage than talking.