Community & Government Directory

Debt Collection Harassment? Protect Yourself

By Timothy Carter of Solution Ministries

In the economic down fall more and more people are finding it more difficult to meet their financial obligations.  With everything else that we have to tend we do not need to be harassed or have our friends and family be harassed by receiving repeated phone calls from Credit Services.

The Fair Debt Collection Act is the federal law which restricts any and all Credit Services from harassing the consumer (that is you and me).  The Fair Debt Collection Act guidelines how and when the Credit Services may contact the consumer.

Notice

Notice the consumer is obligated to pay the debt and the Credit Services has every lawful right to collect.

However the Credit Services must obey the stipulation set by the Fair Debt Collection Act.  This stated that the Credit Services may only contact by phone after 8:00 AM (your time zone), and not after 9:00 PM (your time zone).

Credit Services are prohibited by the federal law to call you at work if they are informed that it will cause conflict between you and your employer.

Simply put,

Simply put, no Credit Service may harass you.  You and I, the consumer, are protected by federal law against the harassment of Credit Services.

The Fair Debt Collection Act

The Fair Debt Collection Act protects the consumer against the Credit Services using lies or any unfair practices to collect a debt.  If you and your friends and family are being harassed by Credit Service(s) know that you don’t have to put up with it.  What can you do to stop it?

This is what you can do to stop the collection harassment:

1) Of course pay the debt off (unfortunately this is probably not an option right now).

2) Create a file in your filing system, or use a big envelop.
Before giving any information to the Credit Services.

3) Take detailed record of each phone call.  You should write down the Name and complete address and phone number of the Credit Services.

4) Write down the name and ID number of the person calling and any person you talk to during the call.

5)  Be careful about giving any personal information even if you do owe a debt.  With Identity Theft growing we can’t be too careful.  See ftc.gov/idtheteft to learn more about how to protect against Identity Theft.

6) Write a letter to the Credit Services.  This is to be sent by United States Postal Services. (Using the United States Postal Services gives you protection under federal postal regulations)  You should send this letter to the Credit Services by certified mail, return receipt request.  This stipulation is for your protection and your records.  When you send a letter through certified mail, return receipt request the Credit Services cannot deny they received a letter from you.

For more information on your rights, go to the Federal Trade Commission website, stay informed.

Sample Latter

Below you will see that I have provided a sample latter that you may use by filling in your information.
(Your Full Name)
(Mailing Address)
(City), (State) (Zip Code)
(Month) (Day), (Year)
(Name of Credit Services)
(Mailing Address)
(City), (State) (Zip Code)

Re: Notice to Cease Contact: Account Number # (XXX_XXXX)

To (Name of Credit Services) (Name of representative-ID number):
On (Month) (Day), (Year), I contacted your agency by phone and your representative (Name of representative-ID number), whom I spoke with, informed me that (Name of Credit Services) is attempting to collect a debt.
(Name of Credit Services) has been harassing me, my family and friends with phone calls.

On (Month) (Day), (Year), at (Hour): (minute) (AM or PM) I received a voice message from a (Name of representative-ID number), from (Name of Credit Services) demanding that I call (888-XXX-XXX) Reference Number (XXX-XXX).  I returned this call at (Hour): (minute) (AM or PM).  I spoke with (Name of representative-ID number).  I explained to him/her that the harassing contact must cease.  (Name of Credit Services) must not contact or discuss my account or me with anyone other than me.  (Name of Credit Services) may contact me only by way of my mailing address using the United States Postal Service.
I admit that I do owe a debt.  I will pay one payment per month, $(_____.____).  I will not pay any more than $(_____.____) per month unless I choose to do so.
You have been paid this month of (________).  You have called almost everyday after you received the payment of $$(_____.____) for this month.  You have called us past the point of harassment.

Now this is your notice in writing to contact only me, (Your Full Name), only in writing to my address listed above, using the United States Postal Service.
This is to give you notice to cease ALL contact with me or anyone else about this claimed debt.  If you must contact me, please do so in writing and not by telephone.  Do not call or contact anyone else about this debt or about me.
Plainly stated, if you must contact me do so only by mail, by my address listed above, using the United States Postal Service.

I look forward to your acknowledgement that you have received this notice by (Month) (Day), (Year).
Sincerely,

(Don’t forget to sign it)     [It could not hurt to have it notarized by a certified Notary Public.]
(Your Full Name)

Let me know

Let me know how thing turn out with this.  Remember this is not a way to refuse to pay your bills this is if you really cannot pay.

By Timothy Carter, Founder and Precedent of Solution Ministries. Wishing you the best.

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