How to Stop Debt Collector Harassment
Do you get panic attacks every time you go to sleep at night? Does your telephone or mobile phone keep ringing non stop with an unknown number? If you are one of those who are constantly hounded and harassed by debt collectors, you know exactly what I’m talking about. Some debt collectors are bothersome and at their worst, they can even be threatening and a nerve-racking experience.
So how do you stop them? This article show you a powerful action you can take as a consumer.
Your rights as a consumer
The Fair Debt Collection Practices Act (FDCPA) is the law that governs third party collection of debt. You as a consumer reserves the right to notify a debt collector to cease further communication and the debt collector must comply with your request under Section 805 of the FDCPA. After receiving your request in writing, the debt collector can only communicate with you if they are no longer handling the account or to notify their intention to file a lawsuit.
Using a Cease and Desist Letter
One of those rights is sending a cease and desist letter to stop the harassing phone calls and threatening letters. There are two types of cease and desist letters: a full and a partial or limited cease and desist. The full cease and desist letter instruct the debt collector to stop any communication. A partial cease and desist asks the collector to keep all their communication in writing as phone calls are deemed as inconvenient for you.
Which cease and desist letter do you send?
There are a few important aspects you need to consider before you start taking action. First you must know details about your outstanding debt. You need to find out if your debt is inside or outside the statute of limitations for your state. This simply means that the debt collector has the right to sue you if you do not pay up.
Full cease and desist letter
If your debt is outside the statute of limitations for your state, you may send a full cease and desist letter. Although the debt collector can still sue you, you have what is called an affirmative defense due to the debt being outside the statute of limitations and debt collection is therefore time barred.
Limited or Partial cease and desist letter
If your debt is inside the statute of limitations for your state, it is best to send a limited cease and desist. This will let the debt collector send all their communication in writing and you can focus on working towards resolving or settling your debt. You can check with your state’s District Attorney’s office or website to find more information about the time limitations that apply to your debt.
This is only a starting point. Your state’s website has tons of information about debt collectors and your rights when dealing with them. Be sure to check and verified with your state’s District Attorney’s office. Now you are empowered with the knowledge, you don’t have to live in fear of collection letters and harassing phone calls ever again.
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