I need to know how to stop creditors from calling me?

Question

I have been off from work for almost 4 months due to surgery from a car accident. I get a disablilty check for now until I go back to work but it's not nearly what I was making at my job. Creditors call me from around 8:30 a.m. to about 8:00 or so at night.I have stopped answering the phone because I recognize the numbers. They usually don't leave a message because their machine automatically calls my number and when a real person picks up they don't realize my answering machine is playing. I have explained my situation to them and no one seems to listen. They want to set up payments that I can't possibly promise to make until I am back to work and that will be months. How can I get them to stop calling me everyday all day?

Answer 1

You need to review the Fair Debt Collection Practices Act (hereinafter referred to as FDCPA). You can get it online or in local libraries. SPecifically, you need to first determine if the call is from an "in-house" collection agent for the creditor or an outside agency representing the creditor or if your debt has been sold to a third party. This is why.

First, the FDCPA DOES NOT apply to in house collectors although generally good companies adopt the act. The FDCPA does refer to outside collection agents where a majority of your calls, I suspect, are from. To get them to stop you need to get the name of the outside collection company, their address, phone number and fax number. Send them a very specific letter titled CEASE AND DESIST invoking the Fair Debt Collection Practices Act Cease and Desist section. Send it certified mail, with a return receipt and via fax. If they continue to call, you have a right to sue them in federal court for violations of federal law. This is not a pancea, because you can be sued by the collection agent, who is acting on behalf of the creditor. But this should give you some breathing room.

If the debt has been purchased by the calling party then you need to determine if they are covered by the FDCPA, state law or internal collection guidelines. To determine what federal law, your state law and the companies internal guidelines are this is what you need to do. Federal law is starting with the Fair Debt Collection Practices Act and a good short book on this subject is called STOP IT by Bud Hibbs. He also mainains a good website called www.budhibbs.com. State law is available in your state guidelines and court decisions, a good website is www.findlaw.com and search by your state and collection laws. The company guidelines are available at the companies website which will lists their internal collections practices or if the company belongs to a national accrediting organization, they have collection guidelines (contact me here at Yahoo for a list of the national accrediting organizations and I will get it for you).

Additionally, the Federal Trade Commission www.FTC.gov regulates collection agents. If they are violating the FDCPA please let the FTC know as this will help everyone including the good, ethical, collection agencies. Your State Attorney General also can be of help, contact them for collection agency complaints in your state.

I would also suggest contacting as soon as you can, the original creditor (contacting the collection manager is a good start) and informing them of your situation and what you can do. You can do this via letter or email. If you do not wish to be called at home, I would indicate that in the letter.

I hope this helps.

Good Luck

Answer 2

http://www.ftc.gov/bcp/conline/pubs/credit/fdc.htm

Click the link. This is the FTC's website page on the Fair Debt Collections Practice Act.

You simply have to send a letter to them that you will no longer accept their phone calls. I don't like that the FTC doesn't recommend using certified mail. If you don't, they'll just pretend they never got it.

Answer 3

You can file for bankruptcy. That will stop them cold. Contace an attorney to find out if its a viable solution to your problem.

Answer 4

if you do not want to file bankruptcy, call your state attorney and explain to him/her the situation,,,they can help///is free and they there because of us...they are supposed to work for us when we really need a free lawyer

Answer 5

Pretend to cooperate with them to buy yourself some time.