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Sample Letter To Stop Creditor Calls

Getting behind on your bills is stressful enough, but the constant creditor calls can be enough to drive you crazy. Some collection agency tactics can be unmerciful. Threats and personal degradation towards you can be normal practice.

Some collection agencies will do whatever it takes to get paid. They are not interested in your story; they only want to get paid because that is how they get paid. Talking to them will probably be a great exercise in frustration unless you are ready to pay them. If not, just be ready for a lot of calls from them. If they know where you live and have your phone number, you can almost guarantee that you will be getting calls.


Do I Have Rights As A Debtor From Collection Agency Abuse?

Under the Fair Debt Collection Practices Act you do have rights. A creditor does have the right to call you but they do not have free reign.

  1. A creditor cannot use abusive, threatening or degrading language with you.


  2. A creditor may only call from 8am in the morning to 9pm in the evening. This does not mean that they can call you every 5 minutes. Doing such would most likely be considered creditor harassment under debt collection laws. You may be able to report them for a debt collection fine. A bill collector can be fined $1000 for every occurrence.


  3. Keep a record of who is calling you and what time they call. You may need this for future use. If they are calling your cell phone, just keep your bill with the list of calls on it. This record of calls can be useful to you in proving that you have had your rights violated under the debt collection law.


  4. A creditor is not allowed to tell you that they are going to sue you if they have no intention to do so. This may be tough to prove but a creditor is not supposed to lie to try and collect a debt from you.

Sample Debt Letter To Stop Creditor Harassment

Copy and Paste the following letter into a word processor. Complete your personal information, review, print, sign, copy and mail. Send the letter and other correspondence with a collection company certified mail so that you get a signature showing their receipt of your letter. Never send originals.

  • Date: ______________________

    (Your Name) Your Address)


    Client Name(s) on account: _________________

    Account #: _______________________________

    Date debt incurred: ________________________

    Original loan amount: ______________________

    Amount past due: _________________________

    Re: Collection Company: ___________________


    To Whom It May Concern:

    I have been unable to pay the full amount of the debt noted above for the following circumstance(s):
    _____________________________________________________________________________
    _____________________________________________________________________________

    By law I have the right to be treated by a collection company with honor and respect. The collection company that you hired (as noted above), however, has resorted to the following practices, which violate the federal Fair Debt Collection Practices Act or FDCPA:
    _____________________________________________________________________________
    _____________________________________________________________________________

    I would be willing to forgo the legal remedies that I have available, including a lawsuit in small claims court seeking punitive damages against you and the company, in exchange for your written promise to permanently cease and desist all efforts to try and collect this debt and remove all negative entries regarding this debt from my credit profile. I expect to hear from you promptly on the matter.

    Regards,


    ________________________________________
    Signature

    Name: ____________________
    Address: ____________________
    ____________________
    Home #: ____________________

    cc: Federal Trade Commission
    State Collection Agency Licensing Board
    Collection Company: __________________________

The only person who will look out for you is you. Information like this is important if you plan on being an informed consumer. If you are feeling that your rights as a consumer have been compromised you do not have to take it. Do your research and fight back. If you have to contact the FTC or your state's Attorney General. You work hard for your money and your credit. There is no sense in just letting it go.


Debt Free Dave has been in the mortgage and consumer finance business for over 10 years. He has a Finance and Real Estate degree from the University of Arizona. This Article is designed to be of general interest and should not be considered legal advice. The specific information discussed may not apply to you. Before acting on any matter contained herein, you should consult with your personal legal adviser.

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