Debt Kit -- Settle unsecured debt for less than half of amount owed Credit Kit -- Improve credit rating and reduce monthly bills by $200+ |
Debt Problems: How to Get a Debt Collector or Creditor to Stop Calling You at Home and Work Do you jump every time the phone rings? Have you been embarassed at work because a debt collector keeps phoning you? If so, then there is a simple way to get debt collectors and creditors to stop calling you. Congress enacted federal legislation that regulates debt collectors and collection attorneys and protects the rights of debtors. This law, The Fair Debt Collection Practices Act, requires that debt collectors and attorneys stop phoning you at home and at work once you ask them to stop. The law specifies that your request must be in writing, therefore, you should tell them to stop calling you at home and at work the next time they call, but then follow it up with a certified letter, return receipt requested. (Our debt kit includes a sample letter on this subject and 20 other sample letters.) Sample telephone script: You: Hello. Collector: Is this Jane Doe? You: Speaking. Collector: Hello, Mrs. Doe. I'm Charlie with Acme Collections calling again about your delinquent credit card account with XYZ Bank. Could I get a payment of $250 by check over the phone from you today? You: No, I don't have the money. As I told you before, I am currently unemployed and simply can't pay right now. Collector: Well, Mrs. Doe, this account is seriously delinquent and we will continue our collection efforts. You: I understand, but I simply cannot pay right now. It is a waste of your time and mine to keep calling me when I can't pay. I am requesting that you not contact me by phone in the future. I do not want to receive any more calls from you at home or at work and am asking you to communicate with me only in writing. Collector: Okay, Mrs. Doe, I'll put your request in our files. You: Thank you. Goodbye. If the debt collector refuses to comply with your do not call request you will have to quote the actual law: Collector: No, Mrs. Doe. We will continue to call you until you pay this debt! You: The Fair Debt Collection Practices Act requires that you stop phoning me at home and at work once I request that you do so. I intend to send you a certified letter tomorrow putting my no contact request in writing. If you continue to phone me, then I will file a complaint with the FTC and the attorney general." If the original creditor refuses to comply with your do not call request: The Fair Debt Collection Practices Act does not apply to original creditors, like a credit card company; it only applies to debt collection agencies and attorneys collecting debt. Therefore, do not quote the FDCPA to get original creditors to stop calling. Instead, quote state law which governs original creditors but usually has similar provisions to the federal legislation. Sample script: You: It is my understanding that [Texas, Michigan, California] law requires that you stop phoning me at home and at work when I request that you do so, is that correct? Creditor: Yes, but we will continue our collection efforts. You: I understand that, but Texas law says that you must stop phoning me at home and at work once I ask you to. I am officially requesting that you not phone me at home or at work. If you need to communicate with me, then do it in writing. I will send you a certified letter this week officially asking you to stop contacting me by phone. Creditor: Alright Mrs. Doe. As you request, we will not phone you in the future. Note: Collectors do have the right to call you after you request them to stop phoning you if the status of your account changes. They can call you to tell you they are (1) giving up collection efforts; (2) are turning your account over to an attorney; or (3) are going to sue you. But usually, they won't call you again after you request that they don't. If a debt collector does contact you after you request that he stop, you might have the right to sue and collect damages. |
Debt Problems: How to Get a Debt Collector or Creditor to Stop Calling You at Home and Work Do you jump every time the phone rings? Have you been embarassed at work because a debt collector keeps phoning you? If so, then there is a simple way to get debt collectors and creditors to stop calling you. Congress enacted federal legislation that regulates debt collectors and collection attorneys and protects the rights of debtors. This law, The Fair Debt Collection Practices Act, requires that debt collectors and attorneys stop phoning you at home and at work once you ask them to stop. The law specifies that your request must be in writing, therefore, you should tell them to stop calling you at home and at work the next time they call, but then follow it up with a certified letter, return receipt requested. (Our debt kit includes a sample letter on this subject and 20 other sample letters.) Sample telephone script: You: Hello. Collector: Is this Jane Doe? You: Speaking. Collector: Hello, Mrs. Doe. I'm Charlie with Acme Collections calling again about your delinquent credit card account with XYZ Bank. Could I get a payment of $250 by check over the phone from you today? You: No, I don't have the money. As I told you before, I am currently unemployed and simply can't pay right now. Collector: Well, Mrs. Doe, this account is seriously delinquent and we will continue our collection efforts. You: I understand, but I simply cannot pay right now. It is a waste of your time and mine to keep calling me when I can't pay. I am requesting that you not contact me by phone in the future. I do not want to receive any more calls from you at home or at work and am asking you to communicate with me only in writing. Collector: Okay, Mrs. Doe, I'll put your request in our files. You: Thank you. Goodbye. If the debt collector refuses to comply with your do not call request you will have to quote the actual law: Collector: No, Mrs. Doe. We will continue to call you until you pay this debt! You: The Fair Debt Collection Practices Act requires that you stop phoning me at home and at work once I request that you do so. I intend to send you a certified letter tomorrow putting my no contact request in writing. If you continue to phone me, then I will file a complaint with the FTC and the attorney general." If the original creditor refuses to comply with your do not call request: The Fair Debt Collection Practices Act does not apply to original creditors, like a credit card company; it only applies to debt collection agencies and attorneys collecting debt. Therefore, do not quote the FDCPA to get original creditors to stop calling. Instead, quote state law which governs original creditors but usually has similar provisions to the federal legislation. Sample script: You: It is my understanding that [Texas, Michigan, California] law requires that you stop phoning me at home and at work when I request that you do so, is that correct? Creditor: Yes, but we will continue our collection efforts. You: I understand that, but Texas law says that you must stop phoning me at home and at work once I ask you to. I am officially requesting that you not phone me at home or at work. If you need to communicate with me, then do it in writing. I will send you a certified letter this week officially asking you to stop contacting me by phone. Creditor: Alright Mrs. Doe. As you request, we will not phone you in the future. Note: Collectors do have the right to call you after you request them to stop phoning you if the status of your account changes. They can call you to tell you they are (1) giving up collection efforts; (2) are turning your account over to an attorney; or (3) are going to sue you. But usually, they won't call you again after you request that they don't. If a debt collector does contact you after you request that he stop, you might have the right to sue and collect damages. |
Debt Kit -- Settle unsecured debt for less than half of amount owed Credit Kit -- Improve credit rating and reduce monthly bills by $200+ |
