Enough is Enough
As millions of credit card users slide down the slippery slope of late payments, one thing is certain: they will never be lonely. Bill collectors will be calling delinquent borrowers often to the point of pain - and illegality. If you are seeking relief there are several rules you need to know. Your lender or creditor does have the right to call you, just not so many times a day that it becomes abusive. How often is that? If you are getting more than one call at home on a daily basis that could be a violation. It is certainly a violation if you have spoken several times to the collector and told them your situation. It is reasonable for a creditor or collection agent to call several times a day if they are getting no answer or if they are leaving messages with no returned call. However, it is becoming increasingly common for collection agents to call the debtor’s friends and family, on their cell phones (the rules are changing on that) and at work. If those calls are causing embarrassment or jeopardizing your employment, it is time to put a stop to it.
Cease and Desist
There are many sites on the Internet that feature sample cease and desist letters. The purpose of this letter is to emphatically tell the annoying or abusive caller to stop ringing your phone immediately! They are not meant to taunt or toy with the collector. As enjoyable as that might be, it will only result and focusing the collector's rage on you. There is a right way and wrong way to stop the calls. There is no magic to it and it does not require an attorney.
A cease and desist letter should not completely stop communication with the collector. Totally cutting off communication will often activate a lawsuit. You should leave the door open for the collection agency to reach out to you in writing. The letter is simple and to the point.
Date
Your Name
Address
City, State Zip
Debt Collector’s Name
Address
City, State Zip
Re: Account Number
Dear Debt Collector:
Pursuant to my rights under federal debt collection laws, I am requesting that you cease and desist communication with me, as well as my family and friends, in relation to this and all other alleged debts you claim I owe.
If you wish to communicate with me, please, do so in writing.
You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the [your state here] Attorney General’s office. Civil and criminal claims will be pursued.
Sincerely,
Your Name
That's Much Better
Once you are working with a collector in a way that does not drive you insane, you may find that a resolution to your problem is close at hand. A cease and desist letter may be the one-two punch you need to level and playing field by giving you enough peace and quiet to think through a solution - instead of disconnecting your phone.
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