What you will discover:
Is it permissible for debt collectors to contact me?
How many times may a debt collector call me before it becomes harassing?
Can I send a letter of cease and desist to a collection agency?
What effect does a Cease and Desist Letter have on debt collection harassment?
As a consumer, you have several protections under federal and state laws to prevent creditor harassment. The Fair Debt Collection Practices Act (FDCPA) is a federal regulation that allows you to prevent debt collectors from contacting you. This may be accomplished by issuing a Cease and Desist Letter.
You have the right under federal law to engage with debt collectors and request that they cease contacting you. This request, however, must be made in writing or it will be ignored. We go through some of the most often asked issues about creditor harassment, including how to utilize a Cease and Desist Letter to prevent debt collectors from contacting you.
Table of Contents
Is it permissible for debt collectors to contact me?
Yes, as a general rule. Debt collectors may contact you if they are seeking to recover a debt. However, there are some constraints. Debt collectors, for example, are not permitted to contact you at a “unusual time” or at an uncomfortable location.
Debt collectors are generally barred from phoning before 8 a.m. or after 9 p.m. They will also be unable to reach you at work if they are aware that your company restricts personal phone calls.
They may also contact you through other methods, such as text messaging, email, or postal mail. They cannot, however, discuss your debt with anybody other than you or your spouse. If you have an attorney, the debt collector can only contact the attorney about the problem.
How many times may a debt collector call me before it becomes harassing?
Although federal law prohibits debt collectors from harassing you, it does not specify how many times a debt collector may contact you. A debt collector, on the other hand, is not permitted to phone or contact you frequently for the aim of harassing or abusing you.
You must determine if you believe the debt collector is pestering you. A few calls over a short period of time may be deemed harassment for certain individuals. In other circumstances, it may not be deemed harassment until hundreds of calls have been made. A significant number of calls in a short period of time are more likely to be labeled harassment.
Remember that the FDCPA expressly bans debt collectors from harassing customers. That means that if the debt collector harasses you, they may have violated the FDCPA, and you may be able to sue the debt collector for monetary damages and attorney fees.
Can I send a letter of cease and desist to a collection agency?
You may request that a debt collector or collection agency cease contacting you by sending a Cease and Desist Letter. You may also make further messages to seek more information about the claimed debt or to restrict contact.
If done correctly, sending a Cease and Desist Letter can restrict or eliminate contact with the debt collector. If the debt collector’s communications do not cease as asked, you may have a legal claim against them under the FDCPA.
Sending a Cease and Desist Letter may have several downsides. If the debt collector is unable to reach you, they may file a case in court against you. While the Cease and Desist Letter terminates communication, it does not preclude or limit a debt collection agency’s ability to seek a monetary judgment through litigation.
There are a few instances when a Cease and Desist Letter is appropriate.
The debt collector is bothering you and giving you a lot of worry.
The creditor’s legal time limit for collecting on a debt has passed.
It is not your debt that they are attempting to collect.
If you choose to send a Cease and Desist Letter, make a duplicate for your records.
What effect does a Cease and Desist Letter have on debt collection harassment?
After you send a Cease and Desist Letter, debt collectors are only permitted to contact you for two reasons:
To affirm that they received your letter and will not contact you again; or To tell you that they intend to take legal action against you, such as filing a lawsuit.
The debt collector will be in violation of the FDCPA if they approach you for any other reason.
