Stop collector calls with the Fair Debt Collection Practices Act, Section 805. You do need to know what you are doing however. If not, the collectors will probably work around your efforts until you set them straight. To be completely sure about your rights and protection under this Act, please visit and read it on the web: FDCPA. Also, please consult with an attorney for further legal guidance and protection against collectors.
Stop Collectors From Calling - They Have To Follow The Rules
For starters, collectors are allowed to call you, or contact you, about collecting on a debt. However, there are some rules they must follow. They may call you at a reasonable time, which is considered 8 am to 9 pm. Before or after these times is not permitted.
You cannot tell a collector that everyday is inconvenient, but you may tell them that a couple of days a week are inconvenient and they must not call you on those days. The collector is allowed to call you for the first time practically on any day without violoating the Fair Debt Collection Practices Act. However, once you tell them that they may only call on certain days, then if they call again on a "no collection call day" then they are in violation of the FDCPA.
You may also tell a collector that they may not call you at work as your employer does not permit you to receive these types of calls. Debt collector may not contact your friends and family, neighbors, co-workers, siblings, etc. about your debt. Collection agents may not send written correspondence to you at work unless you live there or accept mail there. If they do mail you something they may not send something that is easily accessible to third party eyes such as billing statements printed on the outside envelope. Under certain conditions, they may however speak with your spouse, parent, legal guardian, executor about your debt. The debt collector may also access the phone company to get your name and phone number only.
You Must Mail A Letter To The Collection Company To Tell Them To Stop Calling
Everything that you want them to follow you must send to them in writing. This is your legal record that protects you according to the FDCPA. Make sure that you send your letter to the collector(s) via certified mail and that you keep a copy. You may also want to send the letter to the original creditor, and to your local office of the Federal Trade Commission. Make sure the collector knows that you are sending this letter to the FTC. Be careful not disclose your address if you know that the collection company does not have it. Only give them copies of letters, documents, statements or other original documents pertinant to your account.
Get An Attorney To Represent You To Stop Calls
If you decide to work with a credit repair company, or a debt settlement company and get legal representation, then the collector must interact with the attorney representing you - if the attorney sent the collector a letter informing them of the fact that they represent you in your debts. Provided that you start a credit repair program, or a debt settlement program, make sure that you do sign a power of attorney so that the credit repair and debt settlement company can speak and communicate on your behalf with your collectors.
One thing to pay attention to is that collectors work for the original creditor that you owed money to. If you get legal representation for your debt, you must notify your creditor of this. The original creditor can still call you about the debt you owe even if the collector knows that you have hired an attorney to represent you. It is your reponsibility to notify the creditor that you got yourself legal representation and that they should be contacting your attorney to discuss any future matters about your account.
What is presented here is intended to give you, the consumer, some hope about your rights and responsibilities when dealing with collection calls. Remember, collectors do have the right to call you up until the point that you give them guidelines for when they can call or contact you, or until you get legal representation. You never have to tell a collector why you are not paying the alleged debt. They may try to get you to tell them this - it is a strategy to get you to talk about your debt so that you might move closer to paying them something.
