Calls from debt collectors can be very annoying, to say the least. For some, the calls are so bothersome that phone numbers have to be changed or disconnected to stop debt collection calls.
Know Your Rights With Debt Collectors
What many people don’t realize is that they don’t have to resort to such measures to keep debt collectors from making harassing phone calls. In fact, under the Fair Debt Collection Practices Act (FDCPA), you are allowed to tell debt collectors to stop calling you or contacting you period.
Debt collectors would rather talk to you over the telephone because it’s beneficial to them. They often feel they can say whatever they want, knowing that you’ll have no record of it ever being said. These kinds of collectors are hoping that you are ignorant of the laws that govern their actions.
Tip: When Can Debt Collectors CallStop Debt Collection Calls
There's no law that says you have to communicate with a debt collector by phone. If you hang up on a debt collector there is nothing they can do about it. But, if the collector continues to call you repeatedly even after you have hung up on them, they are in violation of the FDCPA.
All you have to do to stop debt collectors from calling you is tell them that you prefer to communicate with them in writing. Written communication works to your advantage because you then have a record of everything that is said to you. Should the debt collector violate the FDCPA, you have hard evidence of the violation that could lead to a lawsuit in your favor. Keep in mind that, by law, the debt collector does not have to honor this request.
The surest way to stop debt collectors from calling you is by sending what is known as a cease and desist letter. In the letter, state that the collector should cease and desist further communication with you. Note that the cease and desist letter only applies to debt collectors, not the original creditor.
What After the Cease and Desist
Once the collection agency receives your cease and desist letter they can communicate with you once more, via mail, letting you know one of three things: that further efforts to collect the debt are terminated, that certain actions may be taken by the debt collector, or that the debt collector is definitely going to take certain actions.
When you send the cease and desist letter to the debt collector, send it via certified mail with return receipt requested. This will provide proof that the letter was sent and received. If the debt collector communicates with you beyond the single instance allowed by law, this evidence will allow you to seek punitive action against the debt collector.
