When a person falls into arrears (especially if the creditor is the IRS) and you stop paying one of your bills, you tend to have more headaches than usual. The reason is simple: there is stress related to making quick money to pay off debt and worry about losing your credit score or other more serious consequences, like a foreclosure or car repossession, for example. If you want to stop receiving calls from your debt collectors, here we bring you all the options available to you.
And it is that, nobody can deny that the calls of the collectors can be very annoying, to say the least. So much so that some consumers even consider changing their phone number just to stop what they see as abusive and harassing conduct by collectors. Fortunately, the laws protect the consumer. In addition, there are legally established ways to stop calls from collectors..
Tip: One of the best ways to avoid falling into arrears is through foresight. learn certain tricks pay your credit cards on time Like loans and medical bills, it could help you avoid late payments and, of course, a drop in your credit score.
When can debt collectors start calling?
Let’s see some of the prohibitions. To get started, debt collectors cannot call you about a debt that is not yours, that is, one zombie debt. When a debt collector first contacts you, you have the right to ask them to verify the debt to confirm that it belongs to you. If the debt collector is unable to send you an official document establishing the amount of the debt, its origin, the creditor, etc.; will not be able to contact you anymore.
Even if you don’t make a debt validation request, collectors have certain rules they must follow when it comes to contacting suspected debtors. For example, they are forbidden to call you before 8 am or after 9 pm, unless you request it yourself.
Nor can they call you repeatedly or when you tell them that you are busy, that you cannot speak, etc.. If you have business hours and you ask the collector not to call you during those hours, they will not be able to do so and, if they do not comply with this, they would be violating your rights and the law.
How to stop calls from debt collectors?
You are not required by law to talk to a debt collector. In fact, you will not have problems if you hang up the call. But if the collector continues to call you repeatedly – even after asking them not to and having the call blocked – they would be violating the terms of the FDCPA.
To prevent debt collectors from calling you, you can tell them that you prefer to communicate with them in writing. In this case, the collector would be obliged to send you letters to communicate with you. These written communications may be helpful because everything you discuss with the collector will be recorded. If the debt collector violates the provisions of the FDCPA, you will have strong evidence of their attitude and behavior, and you can sue them for violating your rights as a consumer.
However, You can also stop calls from debt collectors by sending them a cease and desist letter.. This letter would tell the collector: 1) to stop communicating with you and 2) to stop calling and writing to you. Of course: take into account that you can only use this letter if the collector who contacts you does not work exclusively for the creditor, that is, if it is an external collector.
Can a debt collector contact me in person?
Yes, but with certain limitations. Let’s see: people who have recently changed their phone numbers to others could start receiving calls from a debt collector. This debt may not be yours, but the former owner of the phone line. Unfortunately, telling the collector that that line is now yours and that you are not the debtor may not be enough.
In this case, what you will have to do is send them a cease and desist letter. Yes indeed: be careful not to admit that debt that is not yours. The only thing you should tell them is that you are not the debtor and that they stop contacting you. If you can’t stop collector calls by sending the letter, you’ll need to notify your state Attorney General, the Federal Trade Commission, and the Consumer Financial Protection Bureau.
Now, when we talk about contacts in person (and depending on the case) they are allowed. For example, debt collectors might contact you in person to try to locate someone else, such as a friend or relative. Think that somehow the debtor’s background check turned up your contact information. By law, debt collectors can only contact you in person once to get the phone number, address, and employment information of the alleged debtor.
In this case, they cannot discuss details about the debt with you. If they continue to contact you after this, you will need to file complaints with the relevant agencies.
Tip: Are you a debtor’s attorney and debt collectors are constantly calling you? In this case, you can also send them a cease and desist letter.
What happens after I send the cease and desist letter?
Once the collection agency receives your cease and desist letter, collectors will be able to contact you only one more time, possibly via email or postal mail. This exceptional communication usually occurs in the following cases: 1) to inform you that they will not contact you anymore or 2) to tell you that you have been sued.
Tip: When you send the cease and desist letter to the debt collector, send it by certified mail with a return receipt requested.. This will give you proof that the letter was sent and received by the agency. In the event that the collector ignores the letter and continues trying to contact you, this proof will serve to sue him and report him to the institutions with competence in the matter.