How To Stop Nasty Phone Calls From Collectors

Nasty phone calls from debt collectors can be really upsetting for people who are already under the considerable strain and worry caused by their debts. Many debt collection agencies take advantsge of the consumer's ignorance of the law and use questionable methods. The Fair Debt Collection Practices Act or FDCPA contains important rights for consumers. By knowing what these are and then following a simple proceedure, you will be able to put a stop to those nasty phone calls.

The FDCPA regulates the way that collection agencies carry out their business and stipulates how and when they may contact you. For example they may only call you between the hours of 8am in the morning and 9pm at night. Calls to you at work are not permitted where the collection agency knows that the employer does not allow private calls. Naturally threats and intimidation are against the law, as are any suggestions that you are committing a crime by failing to pay.

While these restrictions are designed to curb the more disreputable practices adopted by some debt collectors, they still leave plenty of opportunities for them to make legitimate calls about outstanding debts. How can you stop these calls? The answer is simple. All you have to do is write a letter to the collection agency requesting them to stop communicating with you. This is known as a cease and desist letter, and once this has been received by the collection agency, they are permitted to send you one final letter advising you of what action they propose to take. You should be aware that the law applies to debt collectors and not the actual creditor.

In your letter to the collection agency you should state that they should cease and desist from any further communication with you or members of your family. There is no set form for the letter, but if you let the debt collector know that you are aware of your rights under the FDCPA, it will give added authority. You could also mention that if they ignore your request, you will make a complaint to the Federal trade Commission and your state Attorney General's office.

Because you need proof that your letter has been received, it should be sent certified mail with return receipt requested. This will be needed in the unlikely event that the debt collector ignores your letter and continues to write and call you. If this should happen, the receipt will be the evidence you need to bring a claim against the collection agency. Any such claim must be brought within one year from the date of the unlawful contact.

While debt collectors perform a legitimate function, they are bound to observe the law. Make sure that you are aware of your rights so you can take the ation needed to stop those nasty calls from debt collection agencies.