I've been advised not to return calls from creditors because I cannot afford to pay them. They still call...

Question

and are even calling me at work now...and having me paged in the office, which could jepoardize my job... I took a 10K pay cut moving from one State to another for this job, have my tax deductions maxed up to 10 just to be able to afford my apartment and living expenses. Was thinking of calling after hours and leaving him message explaining this, and asking him not to call me again....but then thought maybe not....Should I continue to ignore the calls.

I moved from California to Tennessee. Debts go back to 2003

Answer 1

Lori, I can sympathize with your situation, as I have been there. The ironic part is, I now work as a collector for a regional bank, and part of what I do is help people with their payment problems.

You are well within your rights to send your creditors notes requesting they do not call you at work. The Fair Debt Collection Practices Act specifically forbids collectors from calling your office "if the employer prohibits the consumer from receiving phone calls." You will need to put that in writing and send each of your creditors a copy, and keep one for yourself as well. Send these registered mail with return receipts so that you know they got them.

A word of caution about the Fair Debt Collections Act: it specifically states that the act covers only "Debt collectors covered by this law are those who collect the debts of others and creditors who collect their own debts using names other than their own." So, for instance, if I were to call you, from my bank, concerning your credit card account, from my bank, my company would not be covered under the FDCPA. However, you will find that many companies, like banks, who are collecting their own debt, will practice this as it is just good business sense.

Part of the reason you are getting repeat phone calls is because you have not responded. When I am calling someone, I would prefer they talk to me because, if they are in a situation similar to yours, there may be ways to help ease the burden and make paying back the money you owe a little easier. Trust me on this: not all collectors are beasts out to steal every penny you have. If you ignore them, they are just going to call more and more.

So, my best advice to you, my friend, is to a) send out notices that you do not want to be contacted at work. Get it in writing, send it out registered return reciept, and make sure you back that up with a copy for yourself. Save the return cards when you get them back. If a collector tries to tell you that they never recieved the notice, you will have that as proof that it did arrive and someone signed for it. B) Call your creditors ... during normal business hours. Advise them that you have sent them the notice. Then, explain your situation. Don't be dramatic about it. Just be factual. The next thing to do is, and I know this could be hard for you, is ask them what they could do to work with you and get your debts paid down. For instance, if this is a credit card, ask them if there is anyway you can be put on a hardship program. It may ding your credit score a bit, but it's not going to ding it as hard as a charged-off to OCA (outside collections agency) would.

Do not trust any company that would advise you to not pay your bills. This is a stunt by what are called Debt Settlment Companies. They wait until all your debt goes to an OCA, and then they attempt to settle. And in the meantime, your credit is destroyed. Your score would barely qualify you for a SECURED loan.

Do not ignore the calls! I promise you, there are a lot of collectors out there who would love to be able to help you out.

Good luck to you. I hope my advice was helpful

Answer 2

Here's a sample cease and desist letter
at bendover.com

http://www.bendover.com/adiobottomfeeder.asp

Quote from webpage... WARNING: Do not go off half-******. Do your homework and know what your rights are before you start sending these letters out. Save your dough and check out the Federal Trade Commission's section devoted to the Fair Debt Collection Practices Act for the official, "lawyered-up" spin on this powerful law.

Answer 3

I had some of the same problems as you and I ended up
going threw this place that gather all my bills and let me
make one payment A month, and there is know interest, you
should think about that, best of all I get know darn phone
calls anymore!!!!!!!

Answer 4

You did not mention what state you lived in before and after the move or how old the debt is, so I can't tell you what the statute of limitations (SOL) are for collecting on the debt.

Normally, if you are still within SOL and plan to pay or if you are out of SOL or close to it, I would recommend sending a debt validation letter that includes a limited cease and desist.

The limited C&D would tell them not to contact you at home or work by phone since it is incovenient for you. And to only contact you by mail.

If you send a full C&D, you give them the only options of either selling the debt or suing. I would not recommend sending a full C&D.

Either way, limited or full C&D must be done by mail, simply telling them on the phone to cease does not protect you, legally, from them breaking it.

You might check out the site I've listed and start reading in the newbie forum and then in the credit forum.
Learn your old and new states SOL, how to deal with the collection agency etc.

+++++++++++ edit:

Tennessee SOL is 3 years from the time you first became 30 days late and never brought the account current leading to the charge off.

Tennessee also has an application of foreign statutes, which boils down to if your first default was in a state with a shorter SOL, that states SOL applies.

California SOL is 2 years

http://whychat.5u.com/States/state-te.html

So, it looks like the collecting SOL has run.

***I would still suggest going to the site I've listed below, read up on debt validation, SOL letters and disputing with the credit bureaus. Learn your rights and how to use them. That site is a do it yourself credit repair site. "All" of the information on there is free to read and use.

Order your credit reports, the paid reports from each bureau, not the free reports. Opt out and update your personal info on your reports.

Check your reports for the date you were first late leading to the charge off. Look at the date of last activity that is listed and count back 6 months - that should be your date. ONLY look at the original creditors tradeline for that date, collection agencys often re-age, so the date they list may be wrong.

If you find that the dates show you are indeed out of SOL, send the collection agency a debt validation letter (include the limited C&D) Send it certified mail return receipt.

Never speak to a collection agency on the phone. Always correspond in writing - sent certified return receipt.
By speaking to them on the phone, you will not be creating a paper trail that you may need if they violate your rights.
Another reason is that you may inadvertantly say something that you would think is totally harmless, but may end up re-setting your collecting SOL.

If the collection agency is reporting on your reports, when you get the green card back from the letter you sent to the collection agency, send the credit bureaus a dispute.

When the collection agency validates or if it has been 35 days since they signed the green card, you are within your rights to send them a SOL letter (if you are out of SOL) which basically tells them that you are out of SOL and to go away.

+++++++++++++++++ edit

I'm posting this edit because I feel that some of tamminator2000's last comments were aimed at my post - since I happened to be the only one to mention that the OP is possibly out of SOL and if so, is not legally bound to pay.

(I am saying possibly, probably and may be out of SOL, since she has not confirmed her actual last payment date. But by what she has said, it is quite possible that she "is" out of SOL).

tamminator2000, I have to say that being a collector seems to fit you.

You know that she said she cannot afford to pay, you also know that she is probably out of the legal SOL for collecting.

You also know that it's quite possible if she starts to pay, even though out of SOL, her SOL will be re-set and if she finds she cannot keep the payments up, she could very well be sued. You also know that she is possibly protected from being sued right now. Since it is illegal to file suit on a time barred debt.

Yet despite the fact that you are aware of all of that - you tell her to pay anyway.

And then you tell her not to trust anyone who suggests that she should utilize her rights by not paying what she legally does not have to pay.
In fact, you basically lump them into the same category as a debt settlement company.

I'm sorry to burst your bubble, but I do not and would not work for or with a debt settlement company and creditboards "is not" a debt settlement company. Actually quite the opposite.

It is simply a do it yourself, free to use, credit repair site, with more than 36,000 members. Creditboards does not make one penny off of "any" person who uses the site.

Many of the members spend a great deal of time searching and researching statutes, laws etc to aid people that are going through financial difficulties.

They do not get paid for their time. They would not even think of accepting payment for their time. Many do it because they have "been there, done that", learned their rights and want to make it easier for the next person that comes along. Some do it simply because they love the research.
And because of their hard work, creditboards has an excellent database for researching statutes, laws and other debt and credit related information.

Answer 5

See an attorney. He can make them stop calling.