STOP CALLING ME!
If screaming at a debt collector is all that you are doing in an attempt to get a debt collector to stop calling you, then I am sorry to tell you that you are screaming into the wind.
YES!… You DO have the right to tell a debt collector to stop calling you, and the debt collector, under law, MUST comply, however, there are certain steps that you should follow to make debt collectors stop calling.
Why must you follow certain steps to stop debt collector calls?
Because debt collectors are paid to call you, in an attempt to collect on money that is passed due and owed to their client, and the best debt collectors are tenacious in their mission to squeeze every dollar out of every ‘rock’ that they can.
And even though the debt collector must still comply with your ‘verbal’ request to stop calling, the debt collector can always say, ‘she never told me not to call’, then it becomes a ‘she said-she said’ battle and that never is a good situation to be in.
So, if you want to know how to stop collection calls, and you want to make it stick, it will be necessary to write a letter to the debt collector in care of the collection agency.
Get your pen (or pencil) and paper ready, because you are going to write down certain information as you speak to the debt collector.
Be as calm and as professional as your senses allow you to be and request and write down the following from the debt collector:
- identify the name of the debt collector
- the name of the debt collector supervisor
- the collection agency business address and phone number
- name of the original creditor
- date the debt was incurred
- amount of the debt (including fees, interest, collection costs, etc)
- identify the name and/or names on the account
If your ONLY goal is to stop debt collectors from harassing you, then the name of the debt collector, the business address, and the account number associated with the collection account is all that you would need.
However, a word of caution…
Slamming the door shut completely on all communication from the debt collector may not be your best ‘credit-repair’ strategy.
Though the debt collector must comply with your cease and desist letter, it does not stop the collection agency, nor the creditor, from reporting the collection account to your credit report, or pursuing other collection measures, including filing for a judgment.
It may be in your best interest to NOT ignore or avoid the debt collector calls.
You are better off taking control of the collection call by informing the debt collector that you do not believe that you owe the debt, or that the debt is not yours, or when in the event you do owe the debt, that the balance seems to be incorrect.
In any case, you would request the debt collector to validate the debt, by sending you proof of the debt in question as you may not recall the charges.
You cannot do any of the above, including making use of other sorts of strategies to negotiate, if you shut the door of communication.
In any event, if you do decide to mail a cease and desist letter to the debt collector, it is always best to make a copy of the letter and mail the letter certified mail or with some form of ‘return-receipt-confirmation’.
This may cost a little more, but you are assured that the collection agency did in fact receive your cease and desist letter.
One Very Important Rule:
‘If you cannot prove that it happened in writing, then it did not happen.’
Once your cease and desist letter is received by the debt collector, then the debt collector may only contact you one more time to inform you that:
- there will be no further communications, and
- there may be further legal action taken, including a lawsuit
It is important that you maintain a file with good records and all documentation in reference to the collection account, including dates, times, and any notes about what was discussed with the debt collector.
This type of information may go a long way if you ever need to meet with a lawyer in regards to this collection account.
Keep in mind that all debt collectors and collection agencies must comply with the Fair Debt Collection Practices Act (FDCPA) and any violations by the collection agency or its agents may land them in hot water.
This means that if the collection agency and/or the debt collector are in violation of the FDCPA and you file a lawsuit against them, and you win your case, you may be awarded your attorney’s fees, and the collection agency and/or the debt collector may have to pay you personally for additional damages.