As a consumer protection lawyer, one of the most common questions I receive from clients and non-clients alike is, “how do I get debt collectors to stop calling!?.” Having creditors constantly calling is a stressful and unpleasant experience, to say the least. Fortunately, there are measures that consumers can take to keep debt collectors from incessantly calling and trying to contact them each day of the week.
Cease and Desist
Under the (FDCPA), consumers have the right to tell debt collectors to cease and desist all communication with them, meaning, by law, they must stop calling, emailing, or sending letters to the consumer. To exercise this right, the consumer must send a written letter to the debt collector requesting that they cease all communication; the letter should be sent via certified mail with the return receipt requested to prove the collector got the message.
It is important to note that once the debt collector gets a cease and desist letter, they can only contact the consumer to say that they will stop collecting or state that they intend to take legal action, such as filing a lawsuit or repossessing a vehicle. Any other communication from the debt collector after receiving a cease and desist letter violates the FDCPA. Some creditors knowingly violate the cease and desist, betting the consumer will not find legal representation to seek damages. Others are so disorganized that they break the law carelessly.
Refuse To Pay
If you tell a debt collector in writing that you will not pay a debt, this has the same effect as a cease and desist instruction. You might do this if you know you don’t owe the debt.
Opt-Out of Texts and Emails
Debt collectors may sometimes contact you via text, email, or even private messages on social media. Under Consumer Financial Protection Bureau regulations, you always have the right to opt out of such messages; this means that a collector could only contact you by conventional means such as letters and phone calls.
How Do I Get Debt Collectors to Stop Calling? – Hire An Attorney
If a debt collector knows an attorney represents you, the debt collector is not allowed to contact you unless they cannot reach your attorney.
Negotiate a Payment Plan
If you think you owe the debt and want to pay it, you may be able to negotiate a payment plan with the debt collector. Before you do this, you should make sure that:
- The debt collector is a real debt collector, and they really have a right to collect the debt. If you are tricked into paying a fake debt collector, it will be very hard to get your money back.
- You know whether the debt can be collected through a lawsuit. Some collectors will pursue you for debts beyond the statute of limitations and cannot be sued upon; this makes those debts much less valuable, so you should not pay as much to settle them.
- You know who you are dealing with. Debt buyers buy debts for pennies on the dollar. If you’re dealing with one, you should be able to pay less than the face value of the debt.
- You know what you can afford to pay.
When you are ready, you can contact the debt collector, explain your situation and make an offer to settle. If you need time to pay, ask for a payment plan. You should always ask for written confirmation of any settlement and keep records of the payments you make.
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Get Help from an Experienced Attorney
If a debt collector, or collectors, are harassing you or a family member despite attempts to stop the calls, enlist the help of a debt collection harassment attorney. After carefully reviewing your harassment situation, we’ll determine if the debt collector is violating the FDCPA or other consumer protection laws and seek damages for their unlawful behavior.