Calls from debt collectors can be very annoying. For some, the calls are so bothersome that phone numbers have to be changed or disconnected to stop debt collection calls.

When Can Debt Collectors Call

The Fair Debt Collection Practices Act (FDCPA) is the Federal law that states what debt collectors can and can't do. For starters, they aren't to call you about a debt that you don't owe. When a debt collector first contacts you about a debt, you have the right to request them to verify the debt is yours. If the debt collector can't come back with proof that you owe the debt, they're not allowed to contact you anymore. DEBT VALIDATION

Even without sending a validation request, debt collectors have certain rules they must follow when it comes to contacting you over the phone. For example, they can't call you before 8 a.m. or after 9 p.m. your local time. They can't call you repeatedly, and they can't call you at anytime you've previously stated is inconvenient. For specific situations timing of debt collector calls check out.

Stop Debt Collection Calls

There's no law that says you have to communicate with a debt collector by phone. If you hang up on a debt collector there is nothing they can do about it. But, if the collector continues to call you repeatedly even after you have hung up on them, they are in violation of the FDCPA.

All you have to do to stop debt collectors from calling you is tell them that you prefer to communicate with them in writing. Written communication works in your favor because it gives you a record of everything that is said. If the debt collector violates the FDCPA, you have hard evidence that could lead to a lawsuit in your favor. Keep in mind that, by law, the debt collector does not have to honor this request.

The surest way to stop debt collectors from calling you is by sending what is known as a cease and desist letter. In the letter, state that the collector should cease and desist further communication with you. Note that the cease and desist letter only applies to debt collectors, not the original creditor.

Can Debt Collectors Contacting You About Someone Else's Debt?

People who've recently changed their phone numbers are often plagued with calls from collectors trying to reach that number's previous owner. You might have this problem even if you've had the same number for years. Unfortunately, telling the debt collector that they have the wrong number may not be enough to stop the calls for good.  If calls persist after the cease and desist letter, report the collector to your state Attorney General and the Federal Trade Commission.

Debt collectors might also contact you trying to locate another person, like a friend or relative. Somehow in their background check, your contact information has been liked to the debtor. The law does allow debt collectors to contact a third-party to get a phone number, address, and employment information, but the collector can only contact a specific third-party once and they can't reveal any information about the debt. A debt collector is violating the law if they continue to contact you for contact information even after you've told them what you know.

What Happens After the Cease and Desist

Once the collection agency receives your cease and desist letter they can communicate with you once more, via mail, letting you know one of three things:

• that further efforts to collect the debt are terminated,
• that certain actions may be taken by the debt collector, or
• that the debt collector is definitely going to take certain actions.

When you send the cease and desist letter to the debt collector, send it via certified mail with return receipt requested. This will provide proof that the letter was sent and received. If the debt collector communicates with you beyond the single instance allowed by law, this evidence will allow you to seek punitive action against the debt collector.

Summary:

Debt collectors earn their money from getting you to pay...period.  If you think they want to play fairly or show sympathy for your situation, well, as the saying goes...WAKE UP AND SMELL THE COFFEE!!!

You do not have to put up with Debt Collector Abuse, so  take action.

Finally, get help!  You don't have to "go-it-alone"!

Photo credit: www.flickr.com/photos/kitby/4883787012/

Annoyed with debt collector calls? 

Here is how to Put a Stop to Debt Collection Calls

Anyone that has had financial troubles and fallen behind in there payments to creditors understands just how frustrating and annoying those calls from debt collectors can be.

Not only are they annoying, but embarrassing as well!

Who wants to hear, "Dad, some guy calling about your credit card bill!"

Debt collectors are paid to get you to pay up.

They are (for the most part) trained professionals who will use every trick in the book to get you to pay.

Most abide by the law spelled out in the Fair Debt Collection Practices Act, but many do not.

First, it is important for you to know the basics of what a debt collector can and cannot do:

A debt collector cannot call you at all hours of the day.  They cannot call before 8:00 AM or after 9:00 PM.

They cannot call you at work if they are told by phone or in writing not to call you there!

A debt collector can call family or friends to inquire about your whereabouts, but the are prohibited from discussing your debts.

What debt collectors CAN'T do:

• use threats of harm or violence
• use profane language
• use threat of legal action if such action is not taken
• give false or misleading information about your debt
• threaten to take any property
• and there are many more... (check out the Federal Trade Commission's Information on how to deal with Debt Collectors).

OK, so you want to put a STOP TO COLLECTION CALLS:

You will need to write a short, legible letter that demands that the debt collector stop calling you immediately.

Although you want to be authoritative, you don't want to be rude or use language you may regret latter.

Remember, most likely, you owe the debt and would like to SETTLE THE DEBT, one of these days.

Located in Portland, Oregon, we have been helping clients stop receiving debt collection calls for over 10 years.

To receive a copy of the letter we use, click below:

Once you have the letter written, you should send it by CERTIFIED MAIL with a RETURN RECEIPT.

This way, you have proof that not only did you mail the letter, but they received it.

WHAT IF Debt Collectors KEEP CALLING????

If the calls don't stop, write down the date, time and try to get name of the person calling.

You will need this later to file a complaint.

You have the right to sue a debt collector in a state or federal court.  You can contact your state's attorney general's office to file a complaint. If successful, you may be awarded up to $1,000 per violation!

To file a complaint with the Federal Trade Commission, click here.

Each state has it's own site, and/or method to file a complaint.

For example, if you live in Oregon, click here to file a complaint.

That should do it, but if you would like more information about how to Stop Debt Collectors or would like to know how a debt settlement program could help you, click below:

Debt relief programs are rapidly increasing in popularity. When creditors are breathing down your back, you need someone to help you take care of the problem.  However, you want to make sure that you actually owe those debts before you pay them. This is when the process of Debt Validation becomes extremely important. Debt validation, in simple terms, is the process where a debt collector proves that you owe the debt they are trying to collect.

When a creditor is unable to collect the money owed to them, they will usually hire a collection agency to collect the money for them.  Often, the debt is actually sold to agencies and is considered “junk debt.” Junk debt is purchased by third parties for pennies on the dollar. These collectors often do not have the correct documentation to prove that the debt is really owed. This is why debt validation is important.

If these collection agencies cannot prove that you owe the debt, then you don't have to pay it.  You may have already paid off the debt, but the orriginal creditor did not notify the collection agency. Other times, the orriginal creditor has simply charged the debt off.

To complete a validation, you must ask a debt collector for proof of debt. This is done after a collector informs you of the debt. You have 30 days to request proof of the debt or the collection agency will assume that it is valid and continue in their collection efforts.  However, you can request a validation of the debt at any time. This process is designed to keep honesty in the debt collection industry.

Before you pay a debt that you are unsure of, complete the debt validation proccess. If the collection agency cannot provide proof that the debt is yours, you will not have to pay it! 

The proccess of Debt Validation is simple, and you can definitely do it yourself.  Use our FREE GUIDE to DIY Debt Validation by clicking on the link below, and get started today!

Getting behind on bills is a scary position to be in. Dealing with debt collectors is never fun, but the good news is that even if you owe money to a creditor, you still have rights. 

The Fair Debt Collection Practice Act (FDCPA)

It doesn’t matter if the collector works for a collection agency, a corporate collections department, a third party, or is an attorney. The Fair Debt Collection Practice Act covers personal debt such as medical bills, car loans, mortgages, and money owed on credit cards—but it doesn’t cover business debts.

When a debt collector starts the collections process, they need to know where you live, your phone number, and where you work, for instance. They might call a relative or a business, like a utility company, to get the scoop on you. An important rule that’s often violated is that debt collectors may not discuss your debt with anyone other than you, your spouse, or your attorney. 

You may be surprised to know that a debt collector can’t just ring you up any time they feel like it. They can’t call you before 8:00 am or after 9:00 pm in your time zone. They can’t call you at work if you notify them that you’re not allowed to take calls there. And if you have an attorney who is representing you about your debt, a collector must speak to them, not to you.

How to Dispute a Debt with a Debt Collector

After a debt collector makes initial contact with you, they have to send you a written “validation notice” about your debt within five days. The notice should include the name of the creditor and the amount they believe you owe. If you don’t agree that you owe some or all of the debt, take these four steps to dispute it:

1. Tell the collector over the phone that you believe there’s an error and ask them to stop contacting you.
2. Send a letter to the collector, within 30 days after you receive their validation notice, stating that you believe they’re mistaken and to stop contacting you. 
3. Make a copy of the letter for your files.
4. Send the original letter by certified mail and pay for a return receipt so you have proof that it was received. 

After they receive your dispute letter, a collector can only contact you to confirm that they won’t be contacting you anymore, or to inform you about a legal action that they’re going to take.

If the debt collector sends you back a written verification of the debt, such as a copy of a credit card bill that you haven’t paid or a promissory note that you signed, then the process starts over and they can contact you again.

Debt collectors are prohibited from harassing you or lying to you.

The following are some examples of what’s not allowed:

• Calling you repeatedly
• Threatening to harm you or using profane language
• Publishing your name as someone who hasn’t paid a debt (except to a credit reporting agency)
• Misrepresenting their identity, company name, or the amount you owe
• Telling you that legal action will be taken against you if they don’t intend to do it or if doing so would be illegal
• Sending you anything that looks like an official government document if it isn’t
• Depositing a post-dated check early
• Mailing you a collection notice by postcard 

You can report a debt collector who violates The Fair Debt Collection Practice Act to your state Attorney General’s office and to the Federal Trade Commission. You can also sue a debt collector within one year of a violation. If you win, they’re liable for damages that you can prove, such as lost wages. You could also be reimbursed for your attorney’s fees and court costs. However, winning a case against a collector who violated the law doesn’t erase your debt if you still owe it.

I certainly recommend that you pay all your bills on time. But if you can’t, try to get help before the collectors come calling by communicating directly and honestly with your creditors. They’re more likely to give you favorable treatment when you take the initiative to let them know you’re having a temporary financial setback but that you still plan to pay your debt.

In most states, a wage garnishment for non-payment of debt is approximately 25% of your net, after-tax income.

For most people, this would be FINANCIALLY DEVESTATING!

First, you need to understand how wage garnishment works:

• Your debts become delinquent because of non-payment.
• The calls and letters start.
• If repayment agreement cannot be arranged, the account is charged-off and placed with a collection agency and/or lawfirm/collection agency.
• More calls and letters.
• Again, if a repayment agreement cannot be arranged, the creditor may instruct the collector/law firm to FILE A COMPLAINT.
• Once the file is processed, you will receive a SUMMONS.  It states that you have 20-30 days to ANSWER or give cause why you do not owe the debt.
• Again, if a repayment agreement cannot be arranged, then a court date is set, the creditor or PLAINTIFF wins a DEFAULT JUDGMENT.
• Once the JUDGEMENT has been awarded to the PLAINTIFF, they can apply for a WRIT OF GARNISHMENT to your employer.
• Your employer has no choice but to comply with the WRIT OF GARNISHMENT or will face a fine from the court!
• You get your paycheck with an additional 25% reduction!

What can you do to stop a Wage Garnishment?

At this point, you need to contact the attorey for the plaintiff and try to negotiate a repayment agreement called a STIPULATED AGREEMENT.

A Stipulated Agreement is an agreement between you and the attorney/plaintiff/creditor that you will pay so much per month until the balance of the debt is repaid.

You may need to give the attorney financial proof that you are unable to pay, but most likely, they will agree to a plan whereby the monthly payment is something your budget can handle.

If you cannot come to an agreement, then you may be forced to contact a BANKRUPTCY ATTORNEY and seek BANKRUPTCY PROTECTION.

We have helped hundreds of clients, just like you, not only avoid wage garnishment, but also settle debts at a substantial reduction!

1-877-492-4109