Can you tell an original creditor to stop calling?
You have the right to tell a debt collector to stop contacting you. If you ask a debt collector to stop all contact – regardless of the communications channel – the collector must stop. Keep in mind, though, that you may still owe the debt.
Don't provide personal or sensitive financial information
Never give out or confirm personal or sensitive financial information – such as your bank account, credit card, or full Social Security number – unless you know the company or person you are talking with is a real debt collector.
Under this rule, a debt collector is presumed to violate federal law if it places telephone calls to a particular person in connection with the collection of a particular debt in either of the following circ*mstances. The collector calls more than seven times within seven consecutive days.
If you have delinquent debt that's been sent to collections, there might be options. In some cases, you may still be able to negotiate repayment directly with your lender. Working with your original creditor instead of a debt collector can be beneficial. However, this approach won't work for everyone.
The Fair Debt Collection Practices Act (FDCPA) is a federal law that provides a mechanism for you to stop debt collectors from contacting you. You can do this by sending a Cease and Desist Letter. Federal law allows you to communicate with debt collectors to tell them that you want them to stop contacting you.
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take. They also cannot make repeated calls over a short period to annoy or harass you.
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
The 7-in-7 rule explained
Collectors are permitted to place a call to the consumer about a particular debt seven (7) times within a period of seven (7) consecutive days, so long as no contact is made with the consumer in any of the attempts.
If you ask a debt collector to stop all contact – regardless of the communications channel – the collector must stop. Keep in mind, though, that you may still owe the debt. If you don't want a debt collector to contact you again, write a letter to the debt collector saying so.
You have the right to send what's referred to as a “drop dead letter. '' It's a cease-and-desist motion that will prevent the collector from contacting you again about the debt. Be aware that you still owe the money, and you can be sued for the debt.
Can I contact the original creditor instead?
Even if a debt has passed into collections, you may still be able to pay your original creditor instead of the agency. Contact the creditor's customer service department. You may be able to explain your situation and negotiate a payment plan.
Can you dispute a debt if it was sold to a collection agency? Your rights are the same as if you were dealing with the original creditor. If you do not believe you should pay the debt, for example, if a debt is stature barred or prescribed, then you can dispute the debt.
If a debt collector continues to harass, lie or threaten you, it may be time to hire a lawyer for a small fee to send a certified letter asking them to stop contacting you. You can also report them to the Federal Trade Commission.
Regardless of how they're contacting you, you have the right to tell a debt collector to stop. This request must be made to the debt collector in writing.
Disadvantages of Getting Debt Collectors to Stop Calling
The debt collector might add interest charges to your balance or even attempt to sue you. If you ignore a court summons from a debt collector, you could lose a credit card lawsuit by default and have your wages garnished.
Key Takeaways. Federal law prohibits certain practices by debt collectors. Even if you owe money, debt collectors aren't allowed to threaten, harass, or publicly shame you. You have the right to order a debt collector to stop contacting you, and they must comply.
Debt collectors don't want you to know that you can make them stop calling, they can't do most of what they tell you, payment deadlines are phony, threats are inflated, and they can't find out how much you have in the bank. Furthermore, if you're out of state, they may have no legal recourse to collect.
Unpaid debt doesn't go away. Until the debt is either paid or forgiven, you still owe the money. This is true even if it's a credit card debt that is sold to a collection agency and even if you think it's unfair.
How many collection calls is harassment? Creditors can't call you more than seven times in 7 days or call you again about the debt within seven days of the last call. If the debt collector calls you more than once a day or keeps calling even when you talk to them on the phone, they are probably harassing you.
- Write a letter disputing the debt. You have 30 days after receiving a collection notice to dispute a debt in writing. ...
- Dispute the debt on your credit report. ...
- Lodge a complaint. ...
- Respond to a lawsuit. ...
- Hire an attorney.
How do you talk down a creditor?
- Determine If Negotiation Is Right for You. ...
- Set Your Terms. ...
- Tell the Truth and Keep a Consistent Story. ...
- Learn Your Rights Under the Fair Debt Collection Practices Act (FDCPA) ...
- Keep Detailed Communication Notes. ...
- Negotiate with Creditors Directly. ...
- Get All Agreements in Writing.
One of the most rigorous rules in their favor is the 7-in-7 rule. This rule states that a creditor must not contact the person who owes them money more than seven times within a 7-day period. Also, they must not contact the individual within seven days after engaging in a phone conversation about a particular debt.
Regulation F provides specific rules about how many times can a creditor call you. A debt collector is not allowed to place more than seven (7) calls to a consumer within a seven (7) day time span. Time Constraint: A debt collector is now allowed to get in touch with a consumer before 8 am or after 9 pm local time.
Regulation F implements the Fair Debt Collection Practices Act (FDCPA), prescribing Federal rules governing the activities of debt collectors, as that term is defined in the FDCPA.
However, the Federal Trade Commission recently clarified the rules regarding collections, now clarifying that collectors cannot call you more than seven times within a seven-day period or within seven days of speaking to you about a debt.
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