Last updated on March 12th, 2025 at 04:40 pm
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 ‘verbally’ tell a debt collector to stop calling you, and the debt collector, under law, MUST comply, however, there are certain steps that are recommended for you to follow to effectively make the debt collector stop calling you.
Why must you follow certain steps to make a debt collector stop calling you?
Because even though a debt collector must comply with your ‘verbal warning’ to stop calling you and harassing you, the debt collector can always say, ‘she never said not to call’, then it becomes a situation of who to believe, and that never is a good situation for you to be in.
And besides, debt collectors are paid to make phone calls, and debt collectors most likely will do all that they can, 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 collection account that they can.
So, if you want to know how to stop debt collectors from calling you, and you want to make it stick, it will be necessary for you to put your demand on paper and 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 from the debt collector the following:
- identify the name of the debt collector
- the name of the collections supervisor
- the collection agency name, business address, and phone number
- name of the original creditor
- date that the debt was incurred
- amount of the debt (including fees, interest, collection costs, etc)
- identify the name and/or names on the ‘alleged’ 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 original creditor, from pursuing further legal action, such as reporting the collection account to your credit report, or pursuing other collection measures, including filing a law suit or seeking a judgment against you.
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 conversation 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 negotiation strategies if you shut the lines 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 retain a copy of the letter and mail the letter certified mail or with some form of ‘return-receipt-confirmation’.
This may cost you a little money, 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 an FDCPA 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.
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