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.
Debt collectors can be a real pain in the neck. They call you constantly, often at inconvenient times, and they can be quite aggressive in their attempts to collect the money you owe. But did you know that you have the right to tell them to stop calling?
This post will outline your legal rights and how to get a debt collector to stop contacting you. We’ll also provide some tips on how to deal with debt in collections.
Your Rights Under the Law
The Fair Debt Collection Practices Act (FDCPA) is a federal law that protects consumers from abusive debt collection practices. Under the FDCPA debt collectors are prohibited from:
- Harassing you This includes calling you repeatedly, using abusive language, or threatening you with violence.
- Contacting you at inconvenient times Debt collectors can’t call you before 8 a.m. or after 9 p.m., or at a time or place they know is inconvenient for you.
- Communicating with you at your place of employment If you tell a debt collector that you can’t be contacted at work, they must respect your wishes.
- Misrepresenting the amount of debt you owe Debt collectors can’t lie about the amount of debt you owe or the consequences of not paying.
How to Get a Debt Collector to Stop Calling
If you’re being harassed by a debt collector, you have the right to tell them to stop contacting you. You can do this by sending them a written request to cease communication.
Here are some tips for writing a cease and desist letter:
- State your name and the name of the debt collector.
- Clearly state that you want the debt collector to stop contacting you.
- List the specific ways in which the debt collector has been harassing you.
- Include your signature and the date.
Sample cease and desist letters are available from consumer protection organizations or online.
What Happens After You Send a Cease and Desist Letter?
Once you send a cease and desist letter the debt collector must stop contacting you within five days. However, they can still take other actions to collect the debt, such as filing a lawsuit against you.
If the debt collector continues to contact you after you’ve sent a cease and desist letter, you can file a complaint with the Consumer Financial Protection Bureau (CFPB) or your state attorney general’s office.
Dealing with Debt in Collections
It’s critical to act to address the situation if you have debt that is in collections. Here are some tips:
- Contact the creditor Try to work out a payment plan with the original creditor. This may be easier than dealing with a debt collector.
- Negotiate with the debt collector You may be able to negotiate a lower payment amount with the debt collector.
- Consider debt consolidation This can help you simplify your debt and make it easier to manage.
- Seek professional help If you’re struggling to deal with debt, consider talking to a credit counselor or financial advisor.
Debt collectors can be a real nuisance, but you have the right to tell them to stop contacting you. By sending a cease and desist letter, you can put a stop to their harassment and take control of your debt situation.
Frequently Asked Questions
Q: How long does it take for a debt collector to stop contacting me after I send a cease and desist letter?
A: The debt collector must stop contacting you within five days of receiving your letter.
After I send a cease and desist letter, may a debt collector still file a lawsuit against me?
A: Yes, the debt collector can still sue you. However, they can’t contact you directly to collect the debt.
After I send a cease and desist letter, what should I do if the debt collector still gets in touch with me?
A: The Consumer Financial Protection Bureau (CFPB) or the office of your state attorney general may receive complaints from you.
Additional Resources
- Consumer Financial Protection Bureau (CFPB)
- Federal Trade Commission (FTC)
- National Consumer Law Center (NCLC)
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Please consult with an attorney if you have any questions about your specific situation.
Verify the Debt is Yours
Before you stop the calls, be sure to get some information. When you have a debt collector on the phone, make sure you go over the following points:
- Collect details about the debt. Find out who the initial creditor was, how and when the debt was incurred, how much it is due, and a breakdown of the fees and interest that have been applied.
- Find out who you’re speaking with. Make sure to note the name of the agent as well as the name, address, and phone number of the company.
- Ask for a written validation of the debt. Within five days, the collector must send a letter verifying the debt details.
- Ask to be contacted in writing only. Ask the collector to stop contacting you except by mail.
Once you have the details, it’s time to do a little research. After you first get in touch with the collector, you have 30 days to determine whether the debt is yours.
You can verify this in a few ways. Try looking through your financial records, including bank statements, receipts and old bills. You also can pull your free credit reports to confirm where the debt originated.
If the debt doesn’t belong to you, send the collector a dispute letter (see the CFPB’s sample letters here).
Determine if You Really Have to Pay
If the debt is yours, you may still have the option not to pay. A collector might not be able to successfully sue and recover the money in the following situations:
- If the statute of limitations has passed. After this period of time has elapsed, you are no longer legally obligated to repay a debt. States have different deadlines, but generally speaking, the statute of limitations runs from three to six years from the date of your last payment on the debt.
- You’re “judgment proof. If your income is restricted to federal benefits (like Social Security or VA) and those benefits are deposited directly into your bank account, debt collectors might not be able to.
- You’re already paying the maximum wage garnishment. It is legally permissible for your employer to deduct more than twenty-five percent of your disposable income in order to satisfy a wage garnishment. To put it another way, you might not be required to repay the new debt if you are already paying off another debt through a wage garnishment.
- You’ve recently filed bankruptcy. In the event that you are facing bankruptcy, debt collectors are prohibited from attempting to collect money from you.
If you think any of these situations describe you, get advice from a qualified, nonprofit credit counselor or an attorney.
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.