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5 answers

This will def help you out!

"Getting Bill Collectors Off Your Back

Here's how to get bill collectors to stop harassing you!

Are you in debt—and avoiding ringing phones, ignoring your mail and only hesitatingly opening the door—all to steer clear of the dreaded bill collector?

No one likes dealing with these people. But the good news is that the law forbids repeated harassment by bill collectors—and gives you the right to sue for violations. If you complain loudly enough—and you've got proof backing you up—you have a chance to get the entire debt canceled.

There are two types of bill collectors. (No, not nasty and even nastier.) Some bill collectors work for the original creditor, the business or person who first extended you credit or loaned you money. Others work for a collection agency, a company hired by an original creditor to collect its debt.

The difference is important. You have much greater legal protection against harassment by debt collectors who work for collection agencies, because they are governed by a federal law called the Fair Debt Collection Practices Act, or FDCPA.

Tell Them to Stop

Few consumers know that under the FDCPA, you have the right to tell a collection agency employee to bug off. Simply send a letter stating that you want the collection agency to cease all communications with you. All agency employees are then prohibited from contacting you, except to tell you that collection efforts have ended or that the collection agency or original creditor may sue you.
Debt collectors, however, are notorious for breaking the law—contacting people who have sent a cease-contact letter, or violating other provisions of the FDCPA.

Document Illegal Behavior

To get results, you need proof of the illegal behavior. If phone calls from someone from a collection agency violate the law, try to tape the next harassing phone call you get. In most states, you can tape a conversation without telling the other party, as long as you are a party to the conversation. That's because the law allows you to record any conversation in which at least one party consents to the taping, and you can be the one who consents.

In a dozen states (listed below), however, it's illegal to record a conversation, unless you get the permission of the person to whom you are speaking, or at least warn the person that the conversation may be recorded.

Don't record a conversation without the debt collector's knowledge in:
California
Connecticut
Delaware
Florida
Illinois
Maryland
Massachusetts
Michigan
Montana
New Hampshire
Pennsylvania
Washington

If you can't tape the conversation, try to get a witness. Have the witness listen on a phone extension while you and the collector talk. Try to get the collector to repeat the earlier illegal statements.

It's illegal for bill collectors to:

Contact third parties, other than an attorney or a credit bureau, except to locate you
Call you repeatedly or contact you before 8 a.m. or after 9 p.m.

Contact you at work if your employer prohibits it
Use or threaten to use violence
Use obscene or profane language
Place telephone calls to you without identifying themselves as bill collectors
Claim you owe more than you do
Claim to be attorneys
Claim that you'll be imprisoned or your property will be seized
Send you a paper that resembles a legal document
Add unauthorized interest, fees or charges

File a Complaint

Once you have the conversation taped or witnessed, you can make an official complaint. The federal agency that oversees collection agencies will send you a complaint form if you ask, or you can simply write a letter. Contact the Federal Trade Commission at 6th and Pennsylvania Ave. NW, Washington, DC 20580. Include the collection agency's name and address, the name of the collector, the dates and times of the conversations, and the names of any witnesses. Attach copies of all offending materials you received and a copy of any tape you made.
Also, send a copy of your complaint to the state agency that regulates collection agencies for the state where the agency is located. To find the agency, call information in that state's capital city.

Finally, send a copy to the original creditor and the collection agency. The original creditor may be concerned about its own liability and offer to cancel the debt at once.

Once your complaint is filed, don't expect immediate results. The FTC may take steps to sanction the agency if it has other complaints on record. The state agency may move more quickly to sue the collection agency or shut it down for egregious violations. Your best hope is that the creditor will offer to cancel the debt.

Sue the B!@$#&*%

If you've been subject to repeated abusive behavior, consider suing the collection agency. But don't bother if the illegal behavior was annoying but nothing more. For example, if the collector called three times in one day but never again, you probably don't have a case.

You can represent yourself in small claims court, or hire a lawyer and go to regular court. (The other side may have to pay your attorney fees and court costs if you win.) You're entitled to any actual losses—for example, your pain and suffering, or the amount you paid to switch to an unlisted number to avoid harassment—and up to $1,000 in punitive damages.

In truly outrageous cases—especially if the abuse inflicted on you was substantial and you have reports from therapists and doctors documenting your suffering—consider hiring a lawyer to represent you. One Texas jury awarded $11 million to a woman and her husband against both a collection agency and creditor. The collector had called the woman repeatedly at home and work, and made death and bomb threats. She, fearing for her own and her husband's safety, had actually moved out of town. (Driscol v. Allied Adjustment Bureau, Docket #92-7267 (El Paso, TX 1995).)"

2006-06-08 08:19:07 · answer #1 · answered by Anonymous · 0 0

Debt collectors can legally call you on your cell phone (or any phone). There is no law to prevent it.
You could stop them from calling you completely if you send them a letter notifying them that they are not to call you, only contact you by mail. Write them a letter, send it certified mail and keep a copy. The only thing about this, is by telling them not to call at all, they can't communicate with you as well. And, if they are calling, it would be better to tell them what is going on and work out a plan to repay them, as the debt won't just go away. Good luck.

2006-06-08 14:51:25 · answer #2 · answered by Mary K 4 · 0 0

So are bill collectors after you? Talk to them honestly. If your in trouble financially they can help you. Possibly you should contact a credit counseling center. They can stop harrassing calls from creditors. Possibly you should pay your bills - do you have a job? Of course, if none of this interest you then you should change your cell phone number. Though if bill collectors are after you, I wonder if you can pay your phone bill? Good luck!

2006-06-08 14:36:01 · answer #3 · answered by brie 2 · 0 0

DOES NOT EXIST. As long as you owe them something and they have your cell number, they will call you relentlessly. Take the other persons advice and get a new number.

2006-06-08 14:35:13 · answer #4 · answered by Anonymous · 0 0

I'd just change my cell phone number. Heck with them.

2006-06-08 14:32:47 · answer #5 · answered by HisChamp1 5 · 0 0

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