The Fair Debt Collection Practices Act (FDCPA) states that certain collection practices are categorically unlawful, including lying about your debt and persistently calling you.
Even though you might feel helpless against debt collectors, knowing your rights can help you put an end to the harassment, determine whether the debt is real, and even save money. Furthermore, a nonprofit credit counseling organization can provide you with free guidance through all of your options if you need it.
Feeling overwhelmed by relentless debt collection calls? You’re not alone. Millions of Americans face this stressful situation daily. But don’t despair! You have the right to stop debt collectors from harassing you, and this guide will empower you to do just that.
What You’ll Learn:
- Your Rights Under the Law: We’ll delve into the Fair Debt Collection Practices Act (FDCPA) and explain how it protects you from abusive collection tactics.
- Effective Strategies to Stop Calls: Discover practical steps you can take to silence those annoying calls, including sending a cease-and-desist letter and utilizing your legal rights.
- Debt Management Options: Explore alternative solutions like debt management plans and credit counseling to address your debt and improve your financial well-being.
- Avoiding Scams and Misinformation: Learn how to identify and avoid common debt collection scams and misleading information.
Taking Control of Your Debt:
Debt collectors often employ aggressive tactics to pressure you into paying. But remember, you have the power to stop them in their tracks. By understanding your rights and taking proactive steps, you can regain control of your financial situation and silence those unwanted calls.
Your Legal Shield: The FDCPA
The Fair Debt Collection Practices Act (FDCPA) is your legal weapon against debt collector harassment. This federal law prohibits collectors from engaging in abusive, deceptive, and unfair practices. Some examples of FDCPA violations include:
- Calling you repeatedly: Collectors can’t call you more than seven times in a seven-day period.
- Contacting you at inconvenient times: They can’t call you before 8 am or after 9 pm.
- Harassing you or using abusive language: This includes threats, insults, and obscene language.
- Contacting your employer or other third parties: They can only contact your employer to verify your employment, not to discuss your debt.
- Misrepresenting the debt: They can’t lie about the amount you owe or the consequences of not paying.
Silencing the Calls: Your Action Plan
1. Send a Cease-and-Desist Letter:
This is a powerful tool to stop debt collectors from contacting you. You can find sample letters online or consult a credit counselor for assistance. Be sure to send the letter by certified mail with a return receipt requested. Keep a copy for your records.
2. Report Violations to the CFPB:
You can report a debt collector to the Consumer Financial Protection Bureau (CFPB) if they break the Fair Debt Collection Practices Act (FDCPA). The CFPB will investigate your complaint and take appropriate action against the collector.
3. Consider Legal Action:
After you’ve tried other measures and the debt collector still bothers you, you might think about filing a small claims lawsuit against them. You could be awarded damages for the collector’s violations.
4. Manage Your Debt Responsibly:
While stopping debt collection calls is essential, addressing the underlying debt is crucial. Explore options like:
- Debt Management Plan: A credit counselor can help you create a plan to pay off your debt with lower interest rates and affordable monthly payments.
- Debt Settlement: This involves negotiating with creditors to reduce your debt. However, it can negatively impact your credit score.
- Credit Counseling: A credit counselor can provide guidance and support to help you manage your debt and improve your financial literacy.
Beware of Scams and Misinformation:
Unfortunately, the debt collection industry is rife with scams and misleading information. Be cautious of:
- Debt relief companies that promise quick fixes: These companies often charge high fees and may not deliver on their promises.
- Offers to settle your debt for pennies on the dollar: This is usually a scam, and you could end up owing more money.
- Pressure tactics from debt collectors: Don’t be intimidated into making payments you can’t afford.
Remember, you have the right to stop debt collectors from harassing you. By taking action and exploring responsible debt management options, you can regain control of your financial future.
Additional Resources:
- Consumer Financial Protection Bureau (CFPB): https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-a-debt-collector-to-stop-contacting-me-en-1411/
- Federal Trade Commission (FTC): https://reportfraud.ftc.gov/#
- National Foundation for Credit Counseling (NFCC): https://www.nfcc.org/
- InCharge Debt Solutions: https://www.incharge.org/
Don’t let debt collectors control your life. Take action today and reclaim your financial peace of mind.
Work With a Credit Counselor
Dealing with unpaid debt can be stressful and expensive. Fortunately, you don’t have to do it alone. A certified credit counselor can review your financial situation and get you on the path to recovery.
When you’re prepared to receive debt assistance, schedule a free consultation with a credit counseling company like InCharge Debt Solutions right away.
What to Do When a Debt Collector Calls
It’s important to take collection calls seriously. However, you should use the call as an opportunity to take charge of your situation rather than allowing a collections agent to coerce you into confirming account details or offering money.
The call is your opportunity to learn about the debt and gather as much information as you can. Make sure to take notes on all the information regarding the debt account and the collections agency during the call, and don’t hesitate to ask as many questions as necessary (see the sample questions above).
After that, you can use the data to confirm whether you owe the money and determine how to reply.
Debt Collection – What To Say When You Answer The Collectors Call
FAQ
What is the 11 word phrase to stop debt collectors?
Can you tell a bill collector to stop calling?
What should you not say to debt collectors?
How do I stop a debt collector from calling me?
The surest way to stop debt collectors from calling you is by sending what is known as a cease and desist letter. The letter would state that the collector should cease and desist further communication with you. The letter only applies to third-party debt collectors who are working on behalf of the company you originally created the debt with.
Can a debt collector stop contacting you?
You have the right to tell a debt collector to stop contacting you. If you ask a debt collector to stop all contact – regardless of the communications channel – the collector must stop. Keep in mind, though, that you may still owe the debt. If you don’t want a debt collector to contact you again, write a letter to the debt collector saying so.
What does it mean if a person tells a debt collector to stop calling?
For example, if a person tells a debt collector to “stop calling,” this statement means the person has requested that the debt collector not use telephone calls to communicate with the person and prohibits the debt collector from communicating or attempting to communicate through telephone calls.
What should I do if a debt collector refuses to pay?
Consider sending your letter by certified mail and requesting a return receipt to show that the collector got it. Keep a copy of the letter for your records. If you don’t dispute the debt within 30 days of getting the validation information, the debt collector will assume the debt is legitimate. What are debt collectors not allowed to do?