How to stop harassment by collection agency

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Hi

You can legally stop all the harassing phone calls from the collection agencies. You can send a cease and desist letter via certified mail to a collection agency and request them to stop contacting you.

However, make sure you have a copy of this letter for future reference. Once the collection agency receives this letter, they are required to stop communicating with you under the FDCPA law. They can only inform you about the actions that will be taken against you.




How do I obtain proof that a debt is beyond the statute of limitation if I should have to go to court?This debt is not on my credit report.

Sub: #11 posted on Tue, 07/03/2007 - 15:31

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Original creditor or older credit reports. If not then you would use the discovery process in court to get their paperwork and verify it.

Sub: #12 posted on Tue, 07/03/2007 - 17:55

cajunbulldog cajunbulldog
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(Posts: 4859 | Credits: 424.99)

here is a better cease and desist letter template that people should use. It does not confirm nor deny the debt. (be sure to check your State Statues as they will be different than Idaho's).
[Debt Collector's Name & Address]
Example The Best Service Company
10780 Santa Monica Blvd Ste 140
Los Angeles CA 90025-7613
RE: [Bank] [account number as it appears in the letter they sent you]
I am writing in regard to your request for an alleged debt collection. I am informed that you must validate the alleged debt. Please be advised that I am not requesting a verification that you have my mailing address, or any other contact information. I am however requesting that you please forward within the customary period to provide verification of all data regarding the establishment of this trade line including the applicable signed origination papers that contain my signature, certification of your company's right to continued debt collection in the State of Idaho (Idaho Statute 26-2223. COLLECTION AGENCY, DEBT COUNSELOR, OR CREDIT COUNSELOR PERMITS &. 26-2232. BONDS.), documentation establishing your continued right to collect as well as any supporting contracts related to any debt transferal, a line-item debt and credit summary of the account's history, or any other clear substantiation of its origin, legal assignation that bears my signature.
Cease Contact
I also herby request in writing to refrain any phone contact at my place of work, home, or personal mobile phone. Messages from your office are kept on the my Office's messaging system. My employer does not allow any type of personal matters to be handled via telephone. I hereby request that all communications pertaining to this debt or any other matter be sent via postal mail, as is my right under Federal and State statutes.
Failure to provide such validation or failure to disregard my request for Postal Mail contact only, will abridge my civil rights.
Thank you for your cooperation regarding this matter and for protecting my legal rights in accordance with Federal and State consumer protection statutes
(your name-typed not signed)

Sub: #13 posted on Fri, 07/13/2007 - 18:53

Unregistered


I've been contacted by AMO at work, and she offered me two solutions. Either I pay the $202 a month (for three months) that she decided I could pay, based only on what I pay for rent and car payment, when I pay so many bills, it's ridiculous. The other solution was that my wages will be garnished. She said 25%.

When I told them I'd mail it, because I get paid on the 1st, and they told me that I have to Western Union it, because they have to close it by the end of the month, despite that western union charges $27 for a transaction, and I also wasn't able to make the decision to pay them until the end of the month.

If I mail it in anyways, and they get it in three days, can they still threaten to garnish my wages? I know it takes a court order to do that, so that's why I think I could mail it in and be fine.

Thank you!

Sub: #14 posted on Fri, 02/29/2008 - 13:43

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Unless im mistaken they are required to take whatever payment you offer them(check, MO, cashiers check, a couple chickens, a tv etc) and whatever amount you send, they cant deny or hold it. and how ever you want to send it.

Sub: #15 posted on Fri, 12/19/2008 - 17:09

Unregistered


Well I think you are correct Kamby. if you send a smaller payment than they want and they cash it, they have accepted it. If they file a lawsuit against you then you have a good reason to get the case dismissed with prejudice. You never had an agreement with the debt collector and it is not an installment account. If you could get it dismissed with prejudice for filing a false lawsuit then you don't have to pay anything.

Sub: #16 posted on Fri, 12/19/2008 - 17:14

Unregistered


I just got a call from AI today. It is for a debt that is in dispute with Directv. I am going to call my State Rep. tomorrow cuz. this has been going on since May 08.
Vicki

Sub: #17 posted on Mon, 01/19/2009 - 13:30

Unregistered


I've been reading up on how to stop the harassing phone calls from a collection agency. I have spoken with them and requested that they only contact us via mail and that they remove all work numbers from their systems. They are very argumentative to say the least. When I ask them for the address to mail a cease and desist letter, they give me the address for the original creditor....NOT for the collection agency. Am I supposed to send the letter to the original creditor? I was under the impression that the laws that apply to collection agencies do not apply to the original creditor and that this may be a pointless endeavor. Since they're obviously not going to give me THEIR address, should I snoop until I find it and then send the certified letter to them (the collection agency)?

Sub: #18 posted on Tue, 01/27/2009 - 08:15

Unregistered


You are correct in that the OC is not bound by the cease comm rules like a CA under the fdcpa. Who is the CA(s)? Remember, there is no basis for a "limited C&D" in the FDCPA. It is an all or nothing. I always add "Calls to my employer place my employment in jeopardy" and "ALL calls to my home and cell are recorded" to my DV letters.

Sub: #19 posted on Tue, 01/27/2009 - 08:21

NASCAR_Devil NASCAR_Devil
Moderators Cum Industry Expert
(Posts: 4666 | Credits: 308.23)

Rec'd a nasty phone call on a phone that is not mine but belongs to another person in the same house from Asset Acceptance LLC. I do not have a phone of any kind. I answered the call because the person was sick and had gone to bed early, has a phone by the bed, and didn't want her to be disturbed. She is an old lady.

The debt collector stated that the alleged debt was from 1988. I said in twenty years this is the first time I have ever been contacted about said debt. It must be a mistake. The abusive yelling, screaming assault began to where communication was impossible. I finally got a word in edgewise to say that if she did not change her attitude I would not talk to her. She went on screaming, raging that there was nothing wrong with her attitude, that she did not have an attitude, this as loud and as demonic sounding as could be. I hung up. It has been said on this forum that it is illegal to hang up, however I would argue that under that kind of abusive situation it could not possibly be illegal, however I do not know how the law reads. At the time of the call I did not know it was illegal to hang up.

I did earlier on in the phone conversation say "prove it." I think that was what started the yelling. A few days later I received in the mail two sheets of their letterhead with little information. It sited Chase Manhattan as the creditor and an account # I didn't recognize at all. I've never had a loan, only used credit cards which are 16 digit numbers. This acct. # has 9 digits. Besides that info, the letter shows the last 4 digits of my ss#, the balance, my address and where to send payment.

The other paper is supposedly validation which only includes the name of the original creditor and the alleged original account #.

Nowhere is there any information regarding disputing the claim, or legal rights, time periods, etc.

On the phone the screaming lady said that she had documentation from Chase Manhattan directly. That seemed like a fraudulent statement, as I know creditors do not wait 20 years to write off a debt and send it to a collection agency. Nor did she send a copy of this alleged document.

In my case, My personal info is the right person but the alleged debt acct.# seems to me to be a mistake or made up fraudulently.

How does the fact that this is 20 years old affect what I should do in response, and that I think this is fraud or a mistake? How should I go about this? What should I do? Also note that the date of origin does not appear anywhere on either of the two pages sent to me. It was only told to me verbally over the phone, (which is not my phone.)

Thanks for your great website! Good job!

Sub: #20 posted on Tue, 03/03/2009 - 22:45

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