Debt collectors are notorious for calling people as often as possible and even at all-day hours, even in the middle of the night. It is a terrible, harassing practice that needs to stop. For most people, debt collectors phone calls are one of their worst fears. The stress and anxiety that it can create can lead to insomnia, depression, high blood pressure, weight gain, and other lifestyle-related lifestyle-related health problems. The bottom line is that debt collectors are not on your side. They are just agents on behalf of the company you owe money to; they want their money.
As far as I know, there are only a few rules and regulations about how often debt collectors can call, thank goodness! The Fair Debt Collection Practices Act (FDCPA) states that they cannot harass or abuse you in any way by using obscene language, create fear or distressing thoughts, and being threatening in any way. They also can’t contact third parties like family members or friends without your consent. And lastly, they can’t threaten legal action without having it in writing if that is the case.
If you would like to stop them from calling, then the article is for you. Either you pay off the debt in full, or the account has been sent to a collection agency because you did not pay it completely.
How To Stop Debt Collectors From Calling
Know Your Rights
Know your rights under the FDCPA.
The laws limit the harassment collectors can use. For example, they can’t
- Be obscene or curse at you;
- Use profane and abusive language in your presence or on the phone;
- Leave an obscenity-laced message about what will happen to you if they don’t get paid (even if it’s a joke, this is illegal);
- Threaten violence, use foul language, misrepresent themselves as someone familiar to abuse their power over you, threaten arrest for no reason other than to intimidate you into being more compliant with collector demands;
- Violate your privacy by contacting people unrelated to your debt without first getting permission from a court of law.
- Call you repeatedly, even if this is against the law;
- Harass your relatives and friends over minor details like how much money you make or where you work; and
- Contact you at your place of employment or other private places without first getting permission from a court of law.
Stop Debt Collectors From Calling
Yes, debt collectors are indeed allowed to call you after the initial contact. They can even send you a letter or text message saying they will be contacting you again as soon as possible.
1. Write down what they say
If they leave a message, write down exactly what they said and when it was left for you. It’s important because if you ever decide to sue them for harassment, this information will come in handy. This information could also prove helpful if the collector writes down something different from what he said on the voicemail, so proof of his actual words is extremely important!
2. Do not answer their calls
If someone knows that you are ignoring them, the chances are that they won’t bother calling back. The more you ignore them, the less likely they will be to contact you again. If it’s harassment, tell your lawyer (if you have one) that, and they will take action against them immediately.
3. Request a phone call at a certain time
If this method doesn’t work for you, then try writing a letter requesting to speak with the collector by phone at the same time each day. Make sure that in your response, give specific times of days to avoid confusing them or trick them into thinking that they can contact you anytime they want. And keep in mind, if they do miss their appointed time, then schedule another meeting with them because every time they don’t show up without valid reason is 1 point towards winning your case in court against them.
4. Request a letter in the mail to discuss the issue with you
It is probably one of the best ways to stop them from calling. This way, they have to send a written communication BEFORE contacting you by phone, giving you time to prepare for whatever they may be saying to you. If this doesn’t work, try requesting callbacks around the same time every day, or request more than one meeting with them at different times of day to know their schedule very well, which will help avoid harassment and decrease repeated contact; from debt collectors!
5. If all else fails…
If none of these methods work for you, then don’t give up just yet! You can always sue them for harassment if it’s getting that bad. Do not do this unless you feel it is the last resort for you because they will try to make it difficult for you by suing you back, even if they know that they are harassing people! Yes, I’m serious!
Either way, litigation against debt collectors can be very expensive, so get an attorney to assist you with your case. If possible, avoid litigation because, just like in court cases between two private parties, the longer the case drags out, the more money it will cost both sides, including fees and expenses related to such proceedings.
What To Do If You Receive A Collection Notice?
If you are receiving a collection notice, then make sure to take note of what they say. They are required by law to send you a copy, so if you don’t receive it, immediately take the necessary steps to find out why. If they did not send them to you, this is a sign that you have filed for bankruptcy, and they cannot contact you anymore unless it’s an emergency.
If the collector is contacting your employer, please notify them right away that this debt was discharged in bankruptcy and shouldn’t be shared with any third parties.
Suppose the same collector continues to call after being told about your bankruptcy. In that case, that’s a sign that this is harassment, and harassment isn’t allowed by law, so don’t hesitate to get in touch with your local law enforcement or your state attorney general for further assistance in this matter.
What To Do If You Receive A Court Summons?
If you have received a court summons from a debt collector, this means that they are suing you or someone else has filed the lawsuit on their behalf, so make sure to read it carefully and never ignore any communication with the courts!
It is serious business, and you want to make sure that you handle everything correctly. It’s also good to know what kind of defenses may work against them, like if your creditor knew about your bankruptcy case, then they can’t legally collect your debt anymore. To find out if what they are doing is legal, refer to my article 10 Tips For Debt Collectors: How To Handle Debt Collection Lawsuits.
How to Deal With a Debt Collector’s Call?
If you are receiving a call from a debt collector and they say something that doesn’t make sense, request that they send you paperwork right away to support their claim. Collectors have access to your personal information before the call, so if they are legally allowed to speak to you, there is no reason not to have any supporting documentation.
Suppose the collector is not able to provide any evidence backing up their claim. In that case, this could be harassment, so don’t hesitate to contact your local law enforcement or your state attorney general for further assistance in this matter.
How To Handle An Unwanted Contact From A Debt Collector?
1) First, find out if they are trying to collect an old debt or not. If they are, and you have filed bankruptcy, then it is illegal for them to contact you after the discharge date of your bankruptcy.
2) If the debt collector is trying to collect an old debt that has been discharged in bankruptcy, then they can’t legally contact you anymore. You have the right to tell them “No” in response to any future requests for contact from them.
3) If you don’t feel that the debt collector’s call was about an old debt, but instead about a new debt, and this is occurring despite your request for no contact, then they are most likely breaking the law by harassing you, which is something that can be handled by contacting your local law enforcement or state attorney general for further assistance in this matter.
4) Remember that you have the right to dispute any debt that’s been discharged in bankruptcy and if you disagree with a debt collector, then tell them, “Please put it in writing,” and they will legally be required to do so within 30 days of your request.
5) If you feel that the debt collector has misrepresented themselves on purpose, report them to the FTC or visit their website at ftc.gov/complaint/. Ensure all records related to the incident, including emails, pictures of mail, and text messages they may have sent you.
What Is Wage Garnishment And When It Might Be Used Against You?
What Is Wage Garnishment?
The first thing that you need to understand is that wage garnishment typically refers to the act of one’s employer withholding part or all of their earnings. It is done at the request of a creditor who obtained a judgment against them, and it’s typically done to ensure that the debtor will reliably pay back the debt (both principal plus interest). Creditors have many different ways of collecting money from debtors, including wage garnishment, bank account garnishments, house attachment, and more. You may even owe back taxes to the IRS and see your wages garnished if you don’t take action!
When Might You Be Subject To Wage Garnishment?
If you owe a debt, a wage garnishment might be implemented against you, and the creditor has obtained a judgment against you. After obtaining this judgment, they will send it to your employer, who will begin deducting part or all of your earnings until the amount garnished from your wages becomes greater than the total amount left to be paid on the original debt. Typically, this is done to continue making regular payments even though they can’t directly collect money from you anymore.
The Different Types Of Wage Garnishment
There are two basic forms of wage garnishment: voluntary and involuntary. Voluntary wage garnishments can happen if you have agreed with a creditor to make regular payments on a debt dischargeable in bankruptcy. In other words, voluntary wage garnishments are usually part of a court-ordered debt repayment plan, and the creditor is only allowed to collect from you if you agree to it.
Involuntary wage garnishments are done without your consent and usually only happen after a time limit has passed, after which you failed to take action on the debt despite having made repeated requests for payment. In these cases, creditors have no choice but to contact third parties to enforce their legal rights under state law. The most common forms of involuntary wage garnishment include: Internal Revenue Service tax levies Bank account attachment Wage attachments by state or federal government agencies in accordance with child support orders Debts owed as a result of credit card purchases or other lines of credit Debt collectors (non-federal).
Keep in mind that these are just the main forms of wage garnishment. There are many different types of wage garnishments, and it’s important to understand how these work before you’re faced with a situation where one is being used against you!
Conclusion
There are many different ways to stop debt collectors from calling you. The best way is by filing bankruptcy. If this isn’t an option, then make sure that the person who’s contacting you doesn’t have any legal right to collect on your account, and if they do, point them in the direction of a lawyer or other entity where they can find help with their situation. One final thing to keep in mind: always remember that you may be able to dispute any debt discharged through bankruptcy, so don’t feel obligated just because someone says it will affect your credit report!
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