There are few things that are more irritating than getting phone calls from collections agencies. They call more often than you would like, and they always seem to call at the most inconvenient times--almost as though they have some sort of crystal ball for predicting the best time to irritate you. The good news is that stopping debt collection calls can be done quite easily when you know how.
Let's get something out of the way first: You are a good person and the fact that you're in debt most likely isn't your fault. You are a person if your word and you plan on paying back your debts, but the problem is that you have hit a rough patch. It happens. The problem is that the collection agencies assume you're a bad person who's trying to get out of something. No wonder wanting them to stop calling is such a common concern.
The Fair Debt Collection Practices Act (FDCPA) states that debt collectors may only call you between the hours of 8:00 AM and 9:00 PM; based on your local time. The only exception is if you give them permission to call outside of those times. The FDCPA also states that they can't call you to the point of harassment, and calling several times a day would seem to qualify.
Another clause in the FDCPA states that debt collectors have to stop calling you if you notify them of your wishes in writing. This is normally done with a Cease & Desist letter. You can lay out how they're allowed to contact you in the letter, and they have to abide by those wishes. They are allowed to follow up once, in writing, to let you know that your letter was received and how they wish to proceed. Also, if you declare bankruptcy, they aren't allowed to contact you. Now, stopping debt collection calls should never be a reason to go bankrupt, but if you ever end up filing, they can't call you.
Setting up payments or a lump-sum settlement is another way to get them to stop calling. There are many methods of negotiating with collections agencies, and such methods can save you a lot of time, money and hassle. As long as you stick your end of the agreement, there should be no reason for them to call you.
If you have followed the proper procedures to get them to stop calling, but they keep calling anyway, then you may be able to take them to court. You could get up to $1000 on top of any damages you can prove. However, you will still be obligated to pay the debt, but at least you will be a cool grand ahead.
No comments:
Post a Comment