Friday, September 2, 2005

How to Stop Collection Harassment

The fact that you owe money doesn't mean that you don't have rights. The Fair Debt Collection Practices Act (FDCPA), a federal law, contains guidelines that debt collectors must follow in the debt collection process. A debt collector who chooses to ignore such guidelines violates federal law and could face legal action. If you're the victim of collection harassment, you can take legal measures to stop the harassment.

Instructions

    1

    Collect as much information as possible from the debt collector on the original call. Collectors who work for the original creditor generally state the company's name at the start of the conversation. In contrast, third-party debt collectors often try to hide their identity and the company's name. According to the FDCPA, if you specifically ask for the collector's name and the name of the agency, the collector must provide the information.

    2

    Analyze the validation notice. Third-party debt collectors must send you a validation notice within five days after the original contact.

    3

    Look up the statute of limitations in your state. If the debt is beyond the statute of limitations, collectors can attempt to collect the debt but can't sue you. If you agree to a payment plan or make a small payment, however, the debt is generally made new and the collector can file a judgment against you.

    4

    Respond to the validation notice within 30 days of receiving it. Even if the debt is yours, it's your right to request verification. According to the FDCPA, the collector shouldn't contact you again unless it verifies the debt. Additionally, if you dispute the debt or any portion of the debt, all collection calls should cease.

    5

    Write a letter and ask the debt collector to cease all phone contact. If the collector contacts you after receiving the letter, it's in violation of the FDCPA, and you can take the collector to court. The agency can only contact you to inform you of its intent to take a specific action against you.

    6

    Stop harassing debt collection calls at work. Once you inform a collector that you cannot receive calls at work, either orally or in writing, the calls must stop.

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