Stopping Creditor Harassment

CEASE AND DESIST LETTER

According to the Fair Debt Collection Practices Act (FDCPA), a harassing creditor attempting to collect a consumer debt of a third party must CEASE communication with you if they receive a Cease and Desist letter.

This only applies to consumer debts.  Business debts are not subject to the FDCPA.  

If you are being harassed by a creditor on a consumer debt, please CONTACT  US for our Cease and Desist letter.  FEE is $100 for the first letter and discounts for multiple letters.

FDCPA LAWSUITS

The Federal Fair Debt Collection Practices Act is in place to stop debt collectors from harassing consumers.  To qualify under the FDCPA, the debt must not be a business debt and must have been incurred for primarily personal, family, or household purposes.

Oftentimes, collection agencies VIOLATE the FDCPA.  In the appropriate situation, we can SUE the debt collector under the FDCPA if we believe the case is strong enough and the debt collector is viable and can be traced. 

If you are being harassed by a known debt collector, contact us today. 

 

GUIDELINES FOR DEBT COLLECTORS PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT

 

The Fair Debt Collection Practices Act, FDCPA, ensures guidelines for debt collectors while collecting a debt. The sole purpose of the FDCPA is to abolish the use of abusive, deceptive and unfair debt collection practices. According to the FDCPA guidelines, there are certain things that the debt collectors cannot do. Go through the FDCPA guidelines stated to know more about your rights as a debtor.

1 A collection agency cannot ask you to pay more than you owe or misinterpret the debt amount. [15 USC 1692e] 807(2)(a)

2 A collection agency cannot add any interest or fees that the original loan arrangement does not allow. [15 USC 1692f] 808(1)

3 A debt collector cannot use obscene, abusive or profane language while talking to a debtor. The FDCPA considers using this kind of language as harassment. [15 USC 1692d] 806(2)

4 If any debt collector calls repeatedly, the FDCPA also treats this as harassment. [15 USC 1692d] 806(5)

5 A debt collector is not allowed to reach you before 8:00 am or after 9:00 pm, not even on Sunday. [15 USC 1692c] 805(a)(1). A collector is further not allowed to contact you at your work place after knowing that your employer does not entertain these calls. Unless the debt is past-due child support, a debt collector cannot contact your employer. [15 USC 1692c] 805(a)(3).

6 If you do not pay the debt, a collector cannot threaten you or use violent activities against you. [15 USC 1692d] 806(1)

7 A collection agency cannot threaten to sue you, seize property, garnish wages, or spoil your credit score if the collection agency doesn’t intend to take the action. [15 USC 1692e] 807(5)

8 Without your prior permission, a collection agency cannot inform a third party entity about your debt. The exceptions are given below:

  •  The creditor

  •  Your attorney

  •  The creditor’s attorney

  •  Your spouse

  •  A credit reporting agency

  •  Your parents (in case you’re a minor) [15 USC 1692c] 805(b)

9 Within 5 days of the opening communication, a collection agency must send you a notice, which includes the debt amount, creditor’s name, etc. A collection agency cannot use envelopes which appear to have come from a court or government entity. [15 USC 1692g] 809(a)
10 After receiving a written "cease communication notice" from the debtor, a collection agency can contact once more (via mail) to tell the debtor about one of the following:

  •  Further attempts to collect the debt are terminated

  •  The collector is going to initiate certain steps. [15 USC 1692c] 805(c)

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