Debt collection is a huge and growing industry in the United States, and collectors are notorious for some of the strategies they use to try to scare or annoy consumers into payment. You can make them stop.
The Debt Collection Business
Debt collectors know that they people they are calling do not have much money-their purpose is to move themselves to the head of the line. In other words, debt collectors are competing with each other for what they know isn't much money. The way they do this is by attempting to inflict more pain or annoyance on the consumer than other bill collectors.
The collectors are not concerned with your priorities or well-being, but you should be, and it is hard to keep a clear head amidst all the noise. Sometimes the only way you can get any control over the situation is by making them stop calling you at all. Luckily the Fair Debt Collection Practices Act (FDCPA) offers some help.
The Fair Debt Collection Practices Act (FDCPA)
Under the FDCPA, 15 U.S. Code Section 1692(c)c, 'if a consumer notifies a debt collector in writing that the consumer wishes [it] to cease further communication with the consumer, the debt collector shall not communicate further...with respect to such debt.' However, the collector may inform the consumer that it's efforts are being terminated, or notify the consumer that it 'may or will invoke specified remedies which are ordinarily invoked' (i.e., suing or reporting to the credit agencies). In my experience, they will send you a carefully written letter, telling you that they MAY do all sorts of terrible things to you. That doesn't mean they will do it, though. In fact, the sooner you cut them off, the less likely they may be to do any of these things because they don't know whether they'll be able to get any money out of you.
How to Do It
No specific language is required in the letter, although it obviously needs to contain the clear and unambiguous directions to stop contacting you.
Crucially, if the notification is made by U.S. mail, the communication is complete only 'upon receipt.' In other words, to make sure the debt collector is forced to cease communications, it makes sense (although it is not required by the law) to send the letter by certified mail. That way you have proof that the debt collector received the letter. Any further communication would be in violation of the FDCPA.
When the phones stop ringing off the hook, you will be freer to make decisions according to your own best interests and priorities.
The Debt Collection Business
Debt collectors know that they people they are calling do not have much money-their purpose is to move themselves to the head of the line. In other words, debt collectors are competing with each other for what they know isn't much money. The way they do this is by attempting to inflict more pain or annoyance on the consumer than other bill collectors.
The collectors are not concerned with your priorities or well-being, but you should be, and it is hard to keep a clear head amidst all the noise. Sometimes the only way you can get any control over the situation is by making them stop calling you at all. Luckily the Fair Debt Collection Practices Act (FDCPA) offers some help.
The Fair Debt Collection Practices Act (FDCPA)
Under the FDCPA, 15 U.S. Code Section 1692(c)c, 'if a consumer notifies a debt collector in writing that the consumer wishes [it] to cease further communication with the consumer, the debt collector shall not communicate further...with respect to such debt.' However, the collector may inform the consumer that it's efforts are being terminated, or notify the consumer that it 'may or will invoke specified remedies which are ordinarily invoked' (i.e., suing or reporting to the credit agencies). In my experience, they will send you a carefully written letter, telling you that they MAY do all sorts of terrible things to you. That doesn't mean they will do it, though. In fact, the sooner you cut them off, the less likely they may be to do any of these things because they don't know whether they'll be able to get any money out of you.
How to Do It
No specific language is required in the letter, although it obviously needs to contain the clear and unambiguous directions to stop contacting you.
Crucially, if the notification is made by U.S. mail, the communication is complete only 'upon receipt.' In other words, to make sure the debt collector is forced to cease communications, it makes sense (although it is not required by the law) to send the letter by certified mail. That way you have proof that the debt collector received the letter. Any further communication would be in violation of the FDCPA.
When the phones stop ringing off the hook, you will be freer to make decisions according to your own best interests and priorities.
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