CONSUMER RIGHTS UNDER FEDERAL LAW
The United States Associated Press reports an ongoing epidemic of bill collectors ignoring the Fair Debt Collection Practices Act and harassing their clients. In 2008 over 71,000 people filed harassment and abuse charges with the Federal Trade Commission (FTC). And an additional 24,000 complained to the Better Business Bureau office in their State. The complaint rate has quad duple in the past three years and will only get worse due to the present economic downturn in the world together with the inability of a greater number of individuals who genuinely cannot pay their bills.
What Steps Can You Take To Stop Harassment From a Collection Agency?
Here is the very first thing you MUST do. Fire the Agency! Send them a Certified return receipt letter using one of the legal forms "Cease and Desist". Although there's a catch, you must put this into action within (30) days. This of course, is after they send you a written letter making you aware that you owe them money and in detail exactly to whom you owe the money to. For instance, this is the case in the State of Colorado, if you send a "certified written letter" stating emphatically "NOT" to contact you under any circumstances the recipient must abide by your request. By law, as soon as they receive your certified written notice then legally they can't call or mail you anything until they file suit against you and they must take you to court. And you must be first served with a summons before they can make any attempt to contact you. In most cases, the majority never go to court, only a small number will take this action right through to court.
Put the law to good use, and you can quickly and effectively STOP constant phone calls, letters and ongoing harassment by persistent creditors, debt collectors and collection agencies without it costing you much effort, time and money. In accord with federal law (public laws 95-109 and 99-361), a collection agency MUST stop contacting you after they receive a letter clearly telling them discontinue contacting you.
THE LAW LENDS A HELPING HAND
The federal Fair Debt Collection Practices Act provides the consumer with a legal avenue to prevent collection agencies from continual harassment. So if you wish to avail yourself of the law in this matter, this is what you should state in your written letter and notice.
The contents of the letter should essentially say:
You are hereby notified in writing under the provision of public laws 95-109 and 99-361, also known as the Fair Debt Collection Practices act, that your company services are NO longer required.
You are to immediately CEASE & DESIST all efforts and attempts to collect money owing. I/We will not recognize any collection agency and will communicate ONLY with the original finance creditor (state name of financial institution).
Federal Law: Fair Debt Collection Practices act; public laws 95-109 and 99-361.
Published by Frank Sullivan
Frank Sullivan has over 27 years experience in the field of contractual law and provides free access to a database of legal forms for business and personal use at www.giveawaylegalforms.com View profile
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