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NOV 09, 2012

How to Tell Collectors to Stop Calling

How do I tell collectors to stop calling me?

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Bill's Answer: Answered by Bills.com Staff

About 1.5 million American households file for bankruptcy every year. For more information on bankruptcy, read the Federal Trade Commission's documents Before You File for Personal Bankruptcy, and Information About Credit Counseling and Debtor Education. For self-help tips, please visit the BCS Alliance Web site. I also encourage you to visit the Bills.com bankruptcy page. If you cannot afford bankruptcy, see the Bills.com resource Bankruptcy Alternatives.

Stopping Creditor Calls

Not answering the telephone will not deter collection agents. You must inform the original creditor or collection agent calling you about your present situation and make it clear you are in no position to make payments on your debt at this time. If you plan to file for bankruptcy, you have the option to state that, although do not expect that statement to stem the tide. Collection agents are unrelenting: Make it clear you are aware of your rights or they will continue to call or harass you.

Congress enacted federal legislation that regulates debt collectors and collection attorneys and protects the rights of debtors. This law, the Fair Debt Collection Practices Act (FDCPA ), requires that debt collectors and attorneys stop calling you at home and at work once you ask them to stop. The law specifies that your request must be in writing. Therefore, you should tell them to stop calling you at home and at work the next time they call, but then follow it up with a certified letter, return receipt requested. Shown below is a sample letter template.

Sample Do Not Contact Letter Template

Date
Your Name
Your Address
Your City, State, Zip Code

Collection Agency's Name
Collection Agency's Address
Collection Agency's City, State, Zip Code

Subject: Debt Collection Against [Your Name] Creditor Name: [Creditor] Account No. [Number]

Dear Account Representative,

I am writing pursuant to the Fair Debt Collection Practices Act, 15 USC 1692c(c), to request to request that you cease all communication to me about my account [number ________] with [creditor].

[If you wish, explain your circumstances. For example, "I was recently laid off from my job, and I do not presently have any resources with which to pay off this debt. Once I have again secured employment, I intend to resume payment on the debt."]

[If there have been any violations of the FDCPA, you may wish to describe them. For example, "Please note that in violation of the Fair Debt Collection Practices Act, one of your agents contacted me last night at 9:30 PM. Should your agency contact me at any time in the future, please be sure that your contact is made in full compliance with the FDCPA."]

Sincerely,

[Your Name]

Enclosures: (If any, list what you are enclosing, otherwise, do not include this line.)

Sending this type of notice does not resolve the debt. The creditor may file a lawsuit against you in order to collect the debt, even if you prohibit further contact by the collection agency. In most states, the FDCPA does not apply to original creditors, like a credit card company, but applies to debt collection agencies and attorneys collecting debt. However, in some states the FDCPA does apply to original creditors.

I hope the information provided helps you Find. Learn. Save.

Best,

Bill

Bills.com

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Comments (10)


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Bills.com
February 07, 2010
If the long-term strategy is to default on payments, then there is no point in having any further contact with the creditors. Contacting the creditors to alert them of the intent to default may be the polite thing to do, but the banks do not have feelings. As a practical matter, it would not be wise to inform the banks of the intent to default. It may make their collection attempts more aggressive.
Lori H.
February 07, 2010
It looks like not filing is her plan. What response, if any, should she give creditors? Should she even answer? I'm thinking she should tell the credit card company ONCE that she's unable to pay them and not answer beyond that. (Should that be done in writing?) The way I see it, if she makes ANY further payments, that would keep the account alive and they would continue to hope to get the full (and growing) amount. They will never give up on it.
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Bills.com
February 02, 2010
Some people are, in effect, judgment-proof because they have no assets and likely never will have any that a creditor can attach. It is impossible for me to determine if your friend falls into this category because all I know about her is what you have written here. A competent, honest bankruptcy attorney will offer a client a no-cost initial consultation. During this consultation he or she can give your friend an opinion whether she can consider herself judgment proof, or if bankruptcy is a more appropriate long-term strategy given her individual circumstances.
Lori H.
February 02, 2010
A friend (honest, it's not me) is 55 years old. She was diagnosed and treated for breast cancer early last year. She has no sick leave or disability benefits at work but did have health insurance which covered some of her medical bills. While she was out, she also had to pay her own health premiums. She has basically no property other than her clothes and an old pickup truck. She lives with her boyfriend; the house and all furnishings inside are his property. Bankruptcy lawyers are asking for $2000 that she just does not have. The boyfriend says she should just tell creditors that she cannot pay them and not bother doing the bankruptcy. She has no belongings that she would need to protect. What are the ramifications of not filing bankruptcy? She is in Florida. Other than medical bills, her credit card is her burden. Her medical needs are ongoing, but she has just been approved to receive medical care from the Veteran's Administration (she is a Vietnam Era Veteran of the USN).
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Bills.com
February 01, 2010
Call your county bar association. Ask for the name and contact information of the local organization that helps low- and no-income people who have legal difficulties. Make an appointment with the pro bono group at that agency. When you attend the appointment, bring all of the letters and statements relating to the debts you mentioned to that meeting. Ask the paralegal or attorney in your meeting to explain your options for resolving the debt. In the meantime, read What Are My Debt Resolution Options? and Types of bankruptcy to understand the concepts of what the paralegal or attorney will explain in your meeting.
Peou L.
February 01, 2010
I need help? I have not that much money rite now, I need to file bankruptcy now because I can pay cridit card and now they repo my car because I got laidoff for few mounth ago, now I have a bill from that I have to pay them back because of the the car amount.
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Bills.com
June 04, 2009
I would be careful. Usually if an account was opened jointly (meaning, if both your credit was involved in issuing the credit card, then it is unlikely that the credit card will simply remove you from the joint responsibility. On the other hand, if you were only an authorized user, then you can easily be removed from the account and his bankruptcy filing will not affect yo. In any case, I would strongly suggest that you consult with the bankruptcy attorney about the same.
Angela C.
June 03, 2009
my son has to file for bankrupcy.He had a credit card for $8.000 that he also added my name to use it.He took my name off few days ago.If he files for bankurupcy,Will that effect my credit? thank you.
Kwanman .
January 30, 2009
Check this link: http://www.bankrate.com/brm/news/debt/20040928b1.asp
Bee .
January 30, 2009
But I notice one thing, though: YOU DID NOT ANSWER THE QUESTION - YOUR OWN QUESTION. QUESTION IS: What is my option, what avenues do I have to file for bankruptcy, if I CANNOT AFFORD to file bankruptcy? If I cannot afford the $2-3000 for the lawyers' fee? Please, I need a direct answer to this.
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