How to stop harrassing calls from creditors
Filed under: Debt
Many people are contacting WalletPop.com regarding harassing calls from creditors trying to collect debt payments. Can these calls be stopped and what happens if you do successfully stop the calls? There is a law that protects you from harassment called the "Fair Debt Collection Practices Act." Let's take a look at your protections and what steps you can take to stop the harassment.
All personal, family and household debts are covered by this act. These debts can include money owed for the purchase of a car, for medical care and any charge accounts. When a creditor wants to collect a debt from you they have the right to contact you in person, by mail, by telephone, by telegram, or by fax, but they can only make these contacts between 8 a.m. and 9 p.m. A debt collector may not contact you at work if you tell the collector that your employer disapproves of such contacts. Once the debt collector has talked with you once during the day they cannot contact you any more that day or it's considered harassment. They must actually talk with you. If you let the phone ring and don't take the call they can continue to call the number.
You can stop the calls by contacting the collector in writing and telling the collector to stop. Once the collector receives your letter, he or she may not contact you again except to say there will be no further contact or to notify you that he or she plans to take some specific action, such as file a lawsuit. Collectors can't make threats unless they plan to carry them out. If a collector does take you to court and win, the collector may be able to garnish your wages or seize assets, so be sure you want to risk that lawsuit by telling them to stop.Even if you do succeed in stopping the calls, the debt does not go away if you do actually owe that debt. You have two options to stop the calls and make the debt go away - work with a not-for-profit credit counseling service or file for bankruptcy.
If you don't owe the debt, write a letter to the creditor, or the collection agency making the calls, and state that you do not owe the money. Before you can be contacted again the debt collector must send you proof of the debt, such as a copy of the original bill for the amount owed. If you have paid that bill, send proof of payment in writing to stop further calls. Keep that proof of payment in a safe place. Proof that you paid the debt is your best defense if a collector takes you to court.
If you believe you are being harassed by a debt collector, you have the right to sue that collector in court within one year from the date of harassment. If you are receiving harassing calls write down the date and details of your conversation each time you talk with a creditor so you'll have proof the contacts. If you win your suit you can get damages of up to $1,000 plus court courts and attorney's fees.
Debt collectors cannot use threats of violence or harm, publish list of consumers who refuse to pay their debt (except to a credit bureau), use profane or obscene language, make false or misleading statements, imply that you have committed a crime or that you could go to jail, misrepresent your debt, or threaten any kind of legal action unless they plan to carry through on that threat.
If you think you are being harassed, report all complaints about harassment to your state's Attorney General and to the Federal Trade Commission. While they won't help you to file a suit, they will put the information into their data bases and take action when they see a pattern of harassment by a collector.
Lita Epstein has written more than 25 books including "The Complete Idiot's Guide to Improving Your Credit Score."
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Reader Comments (Page 1 of 7)
11-12-2008 @ 8:20PM
Deb said...
You have to keep in mind that the debts are sold fairly frequently, so you have to contact each collector each time the debt is sold. For example if you owe Chase and write to them with a do not contact request, they will sell the debt to Collection Agency A, you may not even know, but all of sudden the calls start again. Last week I received a call from a collector for a bill that was 12 days overdue. It seems the banks are all nervous about ANY overdue debts.
Reply
11-15-2008 @ 12:19PM
joncdodge said...
Here is some more helpful info for anyone who needs it...
What if you don’t pay your credit card bills?
http://www.curiousread.com/2008/09/what-if-you-dont-pay-your-credit-card.html
10 Things You Might Not Know About Your Credit Card
http://www.curiousread.com/2008/07/10-things-you-might-not-know-about-your.html
Good luck out there...
11-12-2008 @ 8:27PM
Melisa said...
I have been getting calls daily for the last week over a payment that isn't even due yet. The calls started late evenings, weekends, and most recently Veteren's Day. They first called me November 5 over a payment due November 13 going as far as asking me if I am employed. So, as soon as the account is payed off they are getting a letter from me telling them that the next time I need a major appliance I will NOT be shopping at Sears!
Reply
11-12-2008 @ 9:48PM
susJe said...
Bravo! I appload you! I cut up my card, paid off my Sear appliance and never shopped there again. This is why the american industry is suffering and going into bankruptcy
God bless,
susJe
11-12-2008 @ 9:46PM
LeAnn said...
I had the same thing happen with Sears. It's a bad practice they have with calling before the bill is due. I told them not to contact me anymore via phone bofore a bill is due, and if they continued to do so that they would be hearing from my attorney. It worked wonderfully and we have had no more phone calls from them. Give it a try next time they call you.
11-15-2008 @ 8:12AM
Just Me said...
Oh, SEARS! Let me tell ya, my fiance' was married more than 12 yrs ago (since divorced of course) and incurred a debt on his Sears card from his ex wife. It was suppose to be all settled, then more than TWELVE yrs later a collection agency started calling our home looking for over $300 for Sears! In less than 12 yrs, I assumed that the company would've put it on his credit report by now and therefore it should've been wiped out all together! Why just NOW are they sending him a letter?? Can they do this for debts owed more than TWELVE years ago?
11-15-2008 @ 1:58PM
Janice Strawn said...
Getting a call over a bill thats not due yet once happened to us. I wasnt happy at all about it!
11-12-2008 @ 9:21PM
susje said...
I appload you! Bravo - I have said the same thing about them since 1990! I cut up the card - paid off my appliance and never bought another thing from them! This is why american companies are going down the stock market alley!
Reply
11-12-2008 @ 9:22PM
barb said...
has anyone thought that maybe you should not get credit if you can't afford it? the majority of the people who take the steps outlined in this article are the people who can afford to pay their bills and just choose not too. maybe there should just be no credit any longer. i have been in the bill collection business for over 10 years. only a few bad apples have ruined everyones opinion of my profession. the truth is we as collectors are actually harassed by debtors on a much more common basis.
Reply
11-12-2008 @ 11:22PM
Joy said...
Barb - Why do you automatically think that people can't afford it. That's a duh.com moment for you, my dear. 95% or more people do credit because they CAN afford it. From what the above messages say, Sears calls them BEFORE the payment is due. There's a word for that - RUDE. Pay attention to the messages before you post one that basically insults the previous messengers.
11-15-2008 @ 9:34AM
dee said...
I was harrassed by a bill collector who even went so far as to say that " maybe I should have thought twice about marrying someone who couldn't pay his bills". This is hardworking man who worked 7 days a week even though he was salary and only got paid for 45 hours. Its not his fault that he got downsized and has been unemployed for 8 months.
11-15-2008 @ 4:05PM
Rebecca said...
Barb and Ann K.- Did you ever stop to think that some people get credit when they can afford to pay it back and then something happens to where they fall behind? You know, like losing a job or becoming disabled. Or maybe a person loses a spouse and finds themselves being the only one bringing money into the home. I think most people have every intention of paying off their debts but then things happen and they can't. Don't just assume that people are spending/living above their means. Bill collectors can be a royal pain in the butt. You talk to somebody (let's say Mary) on the phone one day and the next day you have to explain it all over again because a different person (let's say Jane) calls.
11-12-2008 @ 9:27PM
susje said...
Bravo!!! I appload you! I have had the same problem and telling people about this since 1990! I cut up my Sears card, and paid off my appliance
This is why the american industry is going down the tubes.
Peace to you and your family,
Gods blessings.
Susje
Reply
11-12-2008 @ 9:46PM
Dawn said...
I'm a lawyer in Chicago and I represent some debtors. I have a lot of suggestions but I'll give my top two (on top of what is said here.) Read the Fair Debt Collection Practices Act. It was written by lawyers so it's long, but many people find helpful info in there. For instance, they can't call in the evening, etc. Also, agencies that say they will help you if you are in major debt are almost always all scams. They all say they are non-profit when almost all are not, so you end up paying them too. I'm not a bankruptcy lawyer but I suggest seeing one (should be no cost for 1st visit). Have them write everything down to explain why you'll end up going bankrupt anyway (90% do.) Then ask the "credit repair agency" to do the same thing. Don't take vague promises, put it all on paper. I was in trouble in my early years and my father, a mechanic who is great with math, broke it all down on paper for me. Oh, one more. Get the real truth about how this will affect your credit and when negative items will go off your reports. In many cases bankruptcy is better for building your credit score back up sooner. Good Luck. Dawn
Reply
11-13-2008 @ 1:52AM
Lisa said...
I would like to know about debt, I have had alot of debt since 2000-2001. I thought I paid, at least part of it ,1 card off but can't remember the name of it. I got something from the IRS saying I owe income tax on a Chase Manhatten Credit Card, which was around $1000. My question is can the credit card people come back on me and collect income tax on what I owe them?
11-12-2008 @ 10:21PM
glenn said...
yeah well try getting them to stop calling you when a you dont even owe the debt! It is owed by someone else and not even living here or at your #. I had to tell them I had my mother on hospice at a nursing home and that their calls were really bothering me , and I didnt know how to contact who they were looking for. Then they stopped calling. The law means nothing to these jerks.Oh yes I had to get a supervisor 10 times and tell them the same thing before they stopped calling.We are so protected right.
Reply
11-12-2008 @ 10:27PM
dennis said...
debt collectors cannot take you to court unless you first made the original debt with that particular creditor...only the original creditor or attorney acting on their behave and the attorney must have an office in your state can take legal action against you...in some states the debt is written off in just a few years..in others it can be 6-7 yrs...alot of creditors will sale these deliquent accounts to debt collectors for just pennies on the dollar.....what amazes me is why dont they offer the same to the person owing the debt..for example lets say you owe discover card $1,000...you become deliquent on the account...after 6 months they sale that account to a collector for $100...why wouldnt they offer the same to the debtor??? simple....most credit card companies and debt collectors are demons from hell....i got myself in deep debt about 7 yrs ago....over $140,000 in credit card debt alone...i have settled with most and the ones i have settled with i never will....because of the harrassment and imtimidation tactics...also its illegal for any creditor to disclose your account information with anyone..i even had collectors calling my parents and making threats to them....my parents were shocked to find out i was in that kind of trouble....but here in virginia the limit is 6 yrs....so those couple i never settled with are out of luck i guess....but i think one reason is that they are no longer in business
Reply
11-13-2008 @ 8:48AM
Heather Lane said...
wow, Dennis your posting was helpful. Curenty I'm in a bind with HSBC bank. I was laid off in 2006 and this was the last time I heard anything from HSBC bank. I havent worked steadliy since becase I went back to school as a full time student. Of course they began sending me letters stating if they do not recive the full amount in a certian amount of days they will persue further action. I expalined I will try to send in a certain amout of money each month, the collertor said "no" this is not enough. so now, I'm trying to sign up with a coldation program to see if they can help with the suation. this collecotrs are evil. I called HSBC from a tem assignment I was on, she copied the number form her ID and kept calling the company back. This collector left a message on another woman's phone yelling " I know u thisis your place of employment ", mind u it was someone else's name on the voice mail. Of course I filed a complaint with the FTC but it did not help, it slowed down but did not stop.
11-15-2008 @ 11:07AM
Paul said...
dennis; thanks for the info don't know why the lawyer didn't tell us this but i have a ? at what point does the original creditor report to credit burro??
11-16-2008 @ 7:35PM
JoAnn said...
Hi,
I read your blog on the article I read about debt collectors. I also live in Virginia. I have a debt that keeps going from one debt collector to another. The debt is over 15 years old!!! You said that they can't do anything after 6 years? Can I stop them from calling me 3 or 4 times a day?
Thanks