Debt collectors must adhere to the Fair Debt Collections Practices Act (FDCPA) and if they do not, there may be a high price to pay, but not only for the debt collector, but also for the collection agency that employs them.
The FDCPA is the federal law that governs what a collection agency, and their collection agent (debt collector), can say and do when attempting to collect a debt from the public.
Though the FDCPA prohibits debt collectors from certain abusive actions, this does not mean that some debt collectors won’t go beyond what the law permits.
After decades of being in the credit and collections business I am fully aware that there are bad debt collectors out there, but just as with any profession, there are good and bad employees, and I can safely say to you, that there are more good collectors than there are bad collectors.
However, no one has the right to be abusive towards you, and a good debt collector will treat you with respect during the call, and at the end of the call, will leave you with your dignity, and hopefully with a financial arrangement that the two of you can live with.
As for the bad debt collector, you, as a consumer, must know that you have legal rights, and by knowing when to assert your legal rights you can protect yourself from the abusive behavior of a bad debt collector.
Under the FDCPA you have the right to tell a debt collector to stop contacting you by sending a cease and desist letter through the mail.
You are allowed to send this type of letter by email, however, you may be challenged to prove that the debt collector actually received your cease and desist email.
This is why it is highly recommended that you submit your cease and desist letter through the postal mail using a method that allows for ‘return receipt requested’, in this way, you will have physical proof, with a signature, in the form of a return card that your ‘cease and desist’ letter was received by the collection agency.
You also have the option of ‘verbally expressing’ to the debt collector that you want them to stop contacting you by phone, email, or text, however, you may find it to be a challenge to prove that you actually made this verbal request.
Once your request for the collection agency to stop contacting you has been acknowledged by the collection agency, then the collection agency must stop all communication, except to inform you that all collection efforts will stop or for the purpose of informing you that the collection agency or the original creditor intends to file suit or to seek some other legal remedy.
PLEASE BE AWARE: If you are successful in stopping the collection agency from contacting you and you legally owe the debt in question, this does not make your bad debt disappear.
In fact, unless you are judgment proof, or you are seriously intending on filing for bankruptcy, this does not stop the collection agency from moving forward with other legal remedies, such as:
- Selling your debt to another agency
- Filing a lawsuit to enforce the debt
- Request a default judgment against you
- Garnish your wages
- Attach or seize your assets
As you can see, though you do have the legal right to make the request for the debt collector to stop contacting you, this may not be your best option and may not be in your best interest.
You do have other options, and one of your better options is to always keep the lines of communication open so that you can be aware of what is going on with your account, and also, so that you can take part in the conversation and have some control in steering the collection process.
