The FDCPA gives you the power to stop the debt collector from contacting you. To stop the debt collector from calling, you must notify the collector in writing to cease communications with you. Once you send a letter, the collector has to stop contacting you, except to advise you that (1) he is no longer going to try to collect on the debt, or (2) either the collector or creditor plans to take further action against you permissible by law, such as suing you. The debt collector cannot contact you after you tell him not to in writing, to ask for payment.

 

It is probably a good idea to send a written request by certified mail, return receipt requested. By doing so, you know that the debt collector received your request and the collector could never argue that he was not aware you wanted the communication to stop. The sample letter below should be all you need to stop the collection calls and letters.

 

Dear Mr. Mist,

 

For the past three months, I have received several phone calls and letters from you concerning my overdue Rich’s Department Store account. As I have informed you, I cannot pay this bill. Accordingly, under 15 U.S.C., section 1692c, this is my formal notice to you to cease all further communications with me except for the reasons specifically set forth in the federal law.

 

Very Truly Yours,

Ms. Debtor

 

While you may find it is a relief to have the collection calls stop, you should be aware that it might not be in your best interest in the long run. For example, by stopping the lines of communication, some collectors feel they are left with no other choice than to proceed with a lawsuit since they can’t negotiate with you anymore.

 

Additionally, you may not have immediate notice of actions that the collector may have taken. For instance, if the collector decides to sue you, the first time you may know about it is when you receive a document from the court. The collector may also decide to sell the debt, unbeknownst to you, and you may have difficulty in trying to work out payment arrangements with the buyer of the debt.

 

Eventually, you should get notice that the debt has been sold, but there may be a period of time where you don’t know who holds your debt, and therefore, with whom you should negotiate payment arrangements. You may find it more helpful to limit the amount of contact the collector has with you, for example, by telling him not to call you at work, rather than stopping all contact with the collector.

 

What to Do if the Debt Collector Violates the Law

 

If you feel the debt collector has engaged in practices that you believe are illegal, you can register a complaint with the Federal Trade Commission or complain to your state Consumer Protection Agency.

 

You may try to get the collector to repeat what he said on the telephone, with witnesses listening. In your letter of complaint, state the date and times of the collector’s unlawful behavior. Attach the names of the witnesses who heard the unlawful behavior and the dates and times they heard it. You will probably want to send a copy of the complaint to the original creditor and the collector. It is possible that the creditor will be concerned enough about the illegal practice to erase the debt.

 

You also have the right to sue a collector for harassment. You would have the greatest chance at winning such a lawsuit if you have documentation of the illegal practice. Without proper evidence or documentation, it is doubtful that a judge would find that the collector engaged in an illegal practice.

 

Rather than trying to catch the collector on a technical violation of the law, it is always best to focus on negotiating a satisfactory repayment schedule if the debt is valid.

 

Finally, it is important to remember that you are no less of a person because you owe a debt. No one has the right to make you feel as if you are not a worthwhile person. The FDCPA was enacted to protect your dignity.