Debt Collection: Stop Debt Collectors from Calling You

Part of Getting a Handle on Debt is Stopping Harassing Phone Calls from Collection Agencies

R
One of the main motivations for most people to handle their debt is to stop collector calls. Once you begin a debt management program or file for bankruptcy the collector calls will stop. But if you're not planning on one of those options to get out of debt there are certain collection calls you can stop right away, on your own.

Fair Debt Collection

Under The US Fair Debt Collection Practices Act enacted in 1977, a collector cannot speak with you regarding a collection of a debt "at any unusual time or place or a time or place known or which should be known to be inconvenient to you." The "convenient time" for communicating is between 8:00 a.m. and 9:00 p.m. in your time zone. Collectors are also not allowed to call if they know an attorney represents you.

Collectors cannot call you at your job if they know or have reason to know that your employer prohibits you from receiving personal calls.

You can also notify third party collection agencies in writing to stop calling you. Send these letters by certified mail, return receipt requested. After the collector receives notification, he cannot communicate with you except to let you know their efforts are being terminated, to notify you that they are filing legal action or offering a settlement or some other method of resolution, or to let you know they intend to withdraw a solution previously offered. Of course, this does not apply to collection attempts by your original creditors.

Harassing Collection Calls

The Fair Debt Collection Practices Act prohibits a collector from engaging in conduct which is meant to harass, oppress, or abuse any person in connection with the collection of a debt. The statute gives the following examples of prohibited conduct:

(1) The use or threat of use of violence or other criminal means to harm the physical person, reputation, or property of any person.

(2) The use of obscene or profane language or language the natural consequences of which is to abuse the hearer or reader.

(3) The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of 15 U.S.C. § 1681a(f) or § 1681b(3).

(4) The advertisement for sale of any debt to coerce payment of the debt.

(5) Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with the intent to annoy, abuse, or harass any person at the called number.

(6) Except as provided in 15 U.S.C. § 1629b, the placement of telephone calls without meaningful disclosure of the caller's identity.

There are plenty of debt collectors out there who do their jobs well, but there are some who are so focused on getting the money that they seem to forget about basic human decency. No matter how much debt you have, you're not obligated to respond to those types of abusive calls, and you can have them stopped.

Don't let a debt collector ruin your life and make you afraid to answer your phone. Take action to stop the harassing phone calls from debt collectors, and lower your stress levels.

Debt Collection Practice Sources

United States Government. "Fair Debt Collection Practices Act." Federal Trade Commission

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2 Comments

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  • Donald Pennington2/19/2010

    I read somewhere that even if a debt collector is involved you still only owe the original debtor. You have no contract with the collector.

  • Donald Pennington2/19/2010

    I remember these days. Some got dirty quick.

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