How to stop harassment by collection agency

member profile picture
Posts: 4009
Credits: 55989.6
[Donate]

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.




Maria, how old is the original account here? And what state do you live in?

Sub: #81 posted on Thu, 11/05/2009 - 22:39

unclewulf unclewulf
Moderators
(Posts: 3173 | Credits: 315.03)

A lot of the suggestions on here are pretty good, but know your rights by using the resources suggested - especially the FTC and your state's Attorney General's office.

Consider the following:

* To get the calls to stop, send the creditor or collector a letter - there are some included in the various posted comments - demanding that they cease and desist from attempting to contact you via telephone (at work or home) or via your mobile phone, or by email.

* ALWAYS send letters to a creditor or collection agency via certified mail, return receipt requested.

* NEVER admit you owe ANYTHING. If you make a settlement, don't admit you owe anything. Simply state that nothing stated in the agreement should be deemed an admission and that the parties agree to the terms stated in the agreement due to the uncertainty of litigation.

* ALWAYS keep ALL records of ALL communications. Write notes when you talk on the phone and put the time and date of the conversation at the top.

* ALWAYS tell the collector - just like they tell you - that you may be recording the conversation and that if they continue to talk it will be regarded as an agreement that the conversation may be recorded by you - even if you are not doing it. It can help to keep them from violating the law.

* Make sure if you are recording a conversation, that the recording includes your statement to them that you are or may be recording it. If they don't want to talk to you if the conversation is being recorded, just hang up on them. There is no reason if they are obeying the law that they should care whether the call is recorded.

* Don't hesitate to just hang up on them at any time for any reason or no reason at all. There's no law that says you have to talk to a creditor. There's no law that says you can't hang up on a creditor.

* If a creditor comes to your door to collect, tell them to immediately leave. If you know it's a creditor, bring you video camara when you answer the door. If they don't leave, call the police. Don't make any threats. Simply tell them they may not enter your property and that they are trespassing. Have your phone in hand and dial 911 with them standing at the door. Tell the operator there is an intruder on your property and to please send a police officer immediately. For a persistent collector that invades your privacy by returning after being informed they can not be on your property (which includes things such as a rental house or apartment, not just a home you "own"), go to your local police station and swear out a restraining order against the collector.

* There's no "debtor's prison" in America! You can not go to jail for simply not paying a bill. People don't to jail in America for not paying a debt to a regular business creditor (though you can for crimes, such as fraud, or for not paying some types of government fines, such as traffic tickets).

* ALWAYS demand a settlement offer in writing. Pay NOTHING until you receive it in writing and signed by a representative of the creditor. Make sure the document actually reflects what YOU understand the agreement to be and, if it doesn't, reject it.

* Make sure any agreement includes a statement that successful compliance with the agreement results in full and final satisfaction of the debt.

* If a creditor will not give you a settlement agreement in writing, don't trust them and don't pay them anything. They may promise you on the phone that a partial payment will satisfy the entire debt, but after your check clears, they just may call you again for the "outstanding balance". If you have no proof of a settlement, there isn't much you can do about it - in or out of court.

* If you ever get sued and don't have a lawyer, make sure you do "discovery". Send them, in writing, through their lawyer, a request for at least the following items: (1) any and all documents evidencing any debt owed by you to them, including, but not limited to, the original contract containing your signature and any other documents signed by you; (2) any and all documents regarding the subject matter of the suit; (3) any and all documents they intend to introduce as exhibits at trial; (4) the names of any and all witnesses they intend to call at trial, including, but not limited to, any expert witness; (5) a full accounting of the amount allegedly owed, including all debits, credits, and fees, including date incurred. There are many other things you may request. Don't hesitate to request anything you can think of. If they have a reason to not send it to you, they should tell you. If they don't send it to you, ask the court for an order directing them to comply with your discovery request.

The statements contained herein are intended as general information only. Nothing contained herein should be construed as legal advice or as the establishment of an attorney-client relationship.

Sub: #82 posted on Tue, 11/17/2009 - 14:39

Unregistered


That's excellent advice. Thanks for posting it.

Mind if I ask what state you practice in?

Sub: #83 posted on Tue, 11/17/2009 - 16:49

unclewulf unclewulf
Moderators
(Posts: 3173 | Credits: 315.03)

This website has been a great help. I'm trying to get my debt eliminated through one of these companies but they charge so much and there are no gaurentees. So I was looking for information that will help me deal with my creditor myself. If anyone has eliminated thier debt themselves I would love some help as how to getting started. I do have one question though. Should I let my debt go to collections and try to negotiate with them to pay a fraction of what was owed?

Sub: #84 posted on Sat, 12/12/2009 - 06:44

Unregistered


Quote:
Originally Posted bypaulmergel
actually,if a company is in bankruptcy.they will make a stronger effort to collect outstanding debts.that does include suing if needed.


This would explain why Advanta is playing the hardball that they are.

Sub: #85 posted on Sat, 12/12/2009 - 11:39

Badabing Badabing

(Posts: 58 | Credits: 11.23)

In my case its a wrong number that credit minion after minion keeps on calling, for a year now. As I'm unemployed I can't afford to change my number in case a potential employer calls.

Here's my solution:

Call them back, they will usually not identify themselves with a full name...so here's how you get at their managment. Be calm, be business like.

Me "hello this is agent smith (Your name goes here) with the United States Federal Trade Comission, to whom am I speaking"

Them: Ummm Huuhh Ummm What?

Me: I'd like to know why you keep calling my Number here at the office, and disrupting my phone mail, with a call about somone who is clearly...not me.I'll need to speak with someone in charge...please.

Them : ummm okay....a long long silence, yes this is Bill speaking.

Me: Bill I'd like to investigate a situation where I keep getting calls for a "whomever", who are you trying to collect for? Who is your client?

Them: I couldn't say.

Me: Bill you've called a private number, I have Identified myself as not this person, you are required to give me your name, and the source of who has given You my phone number.

Them: Capital One is our client.

*They will give you this, long before they give you their full name, such loyalty to the client tsk tsk.

Me: Thank You Bill, I trust you won't be calling my number xxx-4567 again. Can I get address to send you my written cease, and desist?

At this point I file a 'do not call complaint' with the FCC, not the FTC. I send them a fax or email or snail mail with my FCC complaint *That is my notification in writing*, and of course I include the FCC in the email.

I list Capital One and their agents as the offenders, include all addresses if you have them, multiple agencies if you have them.

But I'm not finished there. The we navigate to the Capital ONE site, under contacts they never have one labeled complaints, but they do have one for reporting fraud. Send the
following email to the report fraud link:

Dear Sirs, My name is "yourname" I have received phone calls from the following phone number xxx-4567, and they seem to be asking for account information. What's odd is I don't have an account with you, and never had one.

So Capital one investigates themselves, the right hand doesn't know what the collection agency is doing. In the end they figure out for themselves, they have the wrong phone number and it gets corrected. Or you can send cease and desists forever, and it will never stop as it passes from collection agency to agency.:D

Sub: #86 posted on Mon, 12/28/2009 - 20:51

Unregistered


Will a cease and desist letter stop ACH's from payday loan companies from coming out of my checking account

Sub: #87 posted on Fri, 01/15/2010 - 12:03

Unregistered


No...it wont. Also since a payday loan company is a first party, they do not have to comply with a cease and desist.

You might wanna read the payday loan forum for information on how to stop your ACH.

Sub: #88 posted on Fri, 01/15/2010 - 16:55

SOAPLADY SOAPLADY
Moderators Cum Industry Expert
(Posts: 17205 | Credits: 4745.71)

Nelly, I work GE Aircraft Engines in Dayton Ohio and my name and business office is not David Kennedy, My name is Mike McPherson, West asset management keeps calling my ext 7318 and leaving message after message for David Kennedy, I have tried calling the # back but you never get to talking to anyone, how do I get West Asset Management to stop calling this # looking for David Kennedy, here is email address to verify email deleted...pm direct line deleted...pm


mike we are not this bottomfeeder(thank god).there is an address in this thread.mail them a complete cease and desist letter.send it certified mail return receipt.also please do not put sensitive info on a public site.thank you...paulmergel

Sub: #89 posted on Fri, 01/22/2010 - 02:11

Unregistered


they say this is owed from an amount left on an account of $47 back in 2007 and they have be trying to find us that long. we have been at same address for 9 yrs. they say it went from $47 to $298.67 because of late charges a penalties. we did not know of oweing anything until lette showed up and i called to inquire

Sub: #90 posted on Tue, 01/26/2010 - 08:39

Unregistered


Attachment
More information
  • Files must be less than 1.25 GB.
  • Allowed file types: txt pdf jpg jpeg png.
Post as a guest
CAPTCHA
This question (Case Insensitive) is for testing whether you are a human visitor and to prevent automated spam submissions.
Image CAPTCHA
Post as a member

Share post

Page loaded in 2.002 seconds.