The site originated in the FDCPA - When the Fair Debt Collection Practices Act was prepared, was designed to protect citizens from the rampant abuse of collectors. But even with the passage of the law, many debt collection companies are playing by their rules. I have seen cases in which debtors are asking ten to fifteen times a day. If this is not harassment, I do not know what it is. Invariably, the key is herethose who are persecuted not know their rights when it comes to collectors and debt collection.
First you must read the Fair Debt Collection Practices Act in its entirety. This is a real quick read, you can finish in one sitting. In this way you have an understanding of what collectors can and can not do UNDER THE LAW! In other words, if they violate the FDCPA, are now subject to being sued by you and mustto make payment! You are about to experience a powerful tool for debtors, "the formal announcement. It is designed for collectors to stop harassing you.
This excerpt is taken directly from section 805 of the Fair Debt Collection Practices Act
"(C) TERMINATION NOTICE. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collectorstop communicating with the consumer, the debt collector may not contact the consumer with respect to such debt, except -
(1) to advise the consumer that collecting more debt efforts have been made;
(2) to inform the consumer that the debt collector or creditor may require the measures that are normally invoked by collector or creditor, or
(3) where appropriate, notify theconsumer that the debt collector or creditor intends to invoke a specific resource.
If such communication by the consumer is done by mail, notification shall be complete upon receipt. "
What this means in terms of collectors stop calling?
When a consumer receives a phone call or a communication by a collection agency of third parties must respond by sending a formal letter of notice. Remember that this is a binding legal documentwhich brings a lot of firepower. All collectors are aware of this official document. The key is, but I hope I do not know!
Once a person sends a notice to cease and desist, order a company or person to stop notices and collection calls are legally bound to respect. After this point, the only contact was subsequently admitted to notify the debtor of certain "resources" as the lawsuit, but collectors usually do not even bother. You must send this notice bycertified mail with the reference number used by the agency. Do not add additional information such as account numbers, Social Security number or bank account numbers. Also do not you want to do, depends on them!
What happens to debt after the statement was sent cease and desist? - After the order was sent, the debt can be returned to the original creditor sent to other third party body, or simply storedaway, depending on the circumstances and quantity. It is important to note, if this is a valid debt, still owe money. Take time to find a way to solve the problem with the original creditor.
No comments:
Post a Comment