You are stressed as it is, being behind on your bills and on top of that, debt collectors seem to call you incessantly. You are tired, frustrated, and scared – so, what are your options? How can you stop the debt collector calls?
First, understand that debt collectors must follow strict guidelines on how they can collect consumer debt. Actually, the Fair Debt Collection Practices Act (FDCPA) outlines this and most importantly, lists all the prohibited abusive practices that you need to be wary of. Know your rights!
In the instances of debt collection calls, it is considered a violation of the FDCPA if the collector calls you repeatedly and/or before 8:00 AM or after 9:00 PM your time, among many other things. You may stop these debt collection phone calls through these methods.
– Tell the debt collector that you want them to contact you in writing rather than via phone calls
– Send the debt collector a cease and desist letter via certified mail with a return receipt (your best option). In this cease and desist letter you should write that you want the collector to cease all communication with you under The Fair Debt Collection Practices Act. Do not forget to include your name, address, account number and date that you wrote the letter. Understand that after they receive this, they may still send you one more communication regarding either: 1) the acknowledgement of your request to terminate communication, 2) a notice that they may take action against you or 3) a notice that they will take action against you.
– If you file for bankruptcy, the “automatic stay” rule should automatically halt all debt collector communication
If you have performed any of the actions above and continue to receive debt collector phone calls or voice messages, you should contact a debt collection abuse attorney immediately. In fact, you may even be entitled to monetary damages under federal law if the debt collector has indeed violated the FDCPA. Our Orange County FDCPA Attorneys are experienced in handling debt collection harassment cases. Contact us for your free case evaluation – remember that you only have up until ONE year (from the time of the violation) based off the FDCPA statute of limitations to sue a harassing debt collector. Call 949-200-8755 to discuss your case with one of our debt collection abuse attorneys.