Make sure you communicate with debt collectors in writing

Stopping Debt Collectors

For one reason or another, you’ve fallen behind on a mortgage, credit card or some other debt. Debt collectors are calling night and day. You’ve told them to stop, but they just keep calling. How can you make it stop?

Send a fax. That’s right, send a fax. The best way to get debt collectors to stop calling is to communicate in writing, yelling at them won’t do much good.

The Fair Debt Collection Practices Act (FDCPA) is a powerful piece of consumer protection legislation that outlaws many common creditor harassment techniques such excessive and harassing phone calls or contacting third parties.

Collectors cannot engage in any conduct which serves to harass, oppress or abuse any person in connection with the collection of a debt.  If you have been subjected to threats of violence, obscene language or threats that the debt collector will publish your name on a list of someone who cannot pay their debts, the creditor is violating the FDCPA. Other prohibited conduct includes contacting you by telephone outside of the hours of 8:00am to 9:00pm and causing your phone to ring repeatedly with the intent to harass you.

The FDCPA: an Important Consumer Protection Law

First, be aware that the FDCPA only applies to debt collectors pursuing consumer debts (auto loans, home loans, medical bills, and credit card accounts are all considered consumer debts). Debt collectors are broadly defined under the statute and include most third party debt collectors, but your original creditor is not considered a debt collector, so the FDCPA will not prevent that creditor from suing you to collect on the debt. However, the (FDCPA) requires debt collectors and collection attorneys stop contacting consumers after a written request asking that the collection calls stop or stating the debt is not owed.  See: 15 U.S.C. § 1692c(c). The requirement of a written request can be satisfied via regular mail or by sending a fax. Write a letter, fax it and make sure to keep records. You’ve just invoked the protection of the FDCPA.

Sending written notice that you dispute the debt or want calls to stop should work. However, make sure to keep a copy of the letter for your records, you might need it later to prove an FDCPA violation if the calls keep coming.

What if Collectors Keep Calling After You’ve Send a Written Request That They Stop?

If the debt collector ignores your written notice, and continues to call after receiving requests to stop, they will be in violation of the FDCPA. You will then have the ability to sue for damages and attorney’s fees. Even if you’re not a candidate for bankruptcy, bankruptcy attorneys are often an excellent choice to help pursue an FDCPA claim because creditor harassment is often one of the primary reasons their clients are forced into bankruptcy.

If there is one lesson to be learned here it’s this: communicate with debt collectors in writing or record phone calls. Document the number of times they call and what is said. If you want to stop debt collector harassment, build a case and take it to an attorney if necessary.

Rules for Creditors Contacting Third Parties

The FDCPA also prohibits debt collectors from contacting your Mom, and other third parties, except to find information to locate you, the debtor. If you can demonstrate that the collector knows, or should know, of your whereabouts, then contacting your Mom violates the FDCPA. Debt collectors can legally contact you and your lawyer, but can only continue to contact a third party if the creditor cannot locate you and has reason to believe the information previously provided is false. Further, once the debt collector knows you are represented by a lawyer, all contact with third parties to ascertain your location must cease. Once you’ve retained counsel and notified the collector, they must go through your lawyer with respect to that debt. Be sure to communicate the fact that you’re represented by an attorney in writing and keep records.

If your parents or friends are being harassed because of your debt, instruct them to ask politely that the collector stop calling and to mention the FDCPA by name. Fax a letter asking that the calls stop immediately so they’ve established a written record. Without written communication, the debt dogs are just going to keep barking.

Bankruptcy Will Stop Phone Calls

Also, be aware, that filing for bankruptcy will trigger powerful injunctive relief that prevents creditors from contacting you or continuing with collection activity for any reason while your case is pending.