CALLING IN DEBT

I’ve had a request to let everyone know when and where a bill collector is allowed to call about your overdue account. They can call between 8am and 9pm, your local time. They can call you at work if they do not know your employer disapproves. However, they should not call during times "which should be known to be inconvenient." So you should not get a call on Christmas morning or at noon on Thanksgiving. If the call is at a bad time, just say, "This is not a convenient time" and let them know specifically what time is convenient. They are not allowed to call you at a time that you have already told them is inconvenient. Also, they can’t call you repeatedly.

There's no law that says you have to communicate with a debt collector by phone. If you hang up on a debt collector there is nothing they can do about it.

All you have to do to stop debt collectors from calling you is tell them that you prefer to communicate with them in writing. Written communication works in your favor because it gives you a record of everything that is said. However, by law, the debt collector does not have to write to you.

The best way to stop debt collectors from calling is by sending a “cease and desist” letter. Send it by certified mail with return receipt requested. This will provide proof that the letter was sent and received. Once the collection agency receives the “cease and desist” letter they can communicate with you one more time by mail. Their letter will say one of three things. It may state that further efforts to collect the debt are terminated. Most likely it will state that you MAY be sued in a court of law. The third thing it could state is that you ARE being sued.

The Fair Debt Collection Practices Act (FDCPA) is the Federal law that says what debt collectors can and can't do. They should not call you about a debt that you don't owe. When a debt collector first contacts you about a debt, you have the right to request them to verify the debt is yours. If the debt collector can't come back with proof that you owe the debt, they're not allowed to contact you anymore. You should not admit to owing the debt in any communication.

It is best to talk with your lawyer. An attorney can write the “cease and desist” letter on your behalf. He can represent you if you are be sued. She can also negotiate a settlement of the debt and a payment plan should you wish to pay the creditor.