Debt Views

Being in debt causes worry enough, but what people find really upsetting are nasty phone calls from debt collectors. Yet what many do not know is that there is a simple way to stop this form of harassment. The rights of the debtor are set out in the Fair Debt Collection Practices Act or FDCPA. After a brief outline of the provisions for protection of debtors contained in the FDCPA, we will explain the procedure to stop those nasty calls.

Under the provisions of the FDCPA there are restrictions as to how and when debt collectors may contact you. For instance they are not allowed to call before 8am or after 9pm in the evening, nor may they call you at work where they are aware that the employer does not allow private calls. In addition they may not harass or abuse you nor suggest that your failure to pay amounts to a criminal offense.

Even with these restrictions a debt collector is still left with plenty of opportunities to call you about the money that is owed. So what can you do to stop these phone calls? The answer is quite simple – you just have to write to the debt collector requesting him to stop calling. In formal language you will send him a cease and desist letter. Once your letter has been received the debt collection agency is allowed to send you one final letter advising what action, if any, they propose to take. You should note that this applies to debt collectors and not the actual creditor.]

The letter to the collection agency should request that they cease and desist from communicating with you further, so this will cover both phone calls and letters. The exact wording of your letter is not important, but it would do no harm to mention that it is sent pursuant to your rights under the FDCPA. You could also say that if they do not comply with your request, you will make a complaint to the Federal Trade Commission and your state Attorney General’s office.

It is important that your cease and desist letter to the collection agency should be sent by certified mail with return receipt requested so that you have proof that it has been received. Should the debt collector ignore your letter and continue to call you, then you will have the necessary evidence to take action against the agency. There is a time limit for bringing such a claim. You have one year from the date of the violation to file a lawsuit.

While debt collection agencies have a legitimate function to perform, they must comply with the law. By knowing your rights, you will be able to enforce them and put a stop to those nasty phone calls from debt collectors.

Hugh Harris-Evans writes on financial matters and is the webmaster of Credit Card Cleanup.com where you will find further articles on credit repair and tips on how to make the most of your credit cards.

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