Use stop and termination letters to stop debt collection harassment
As a consumer, under federal and state laws, you have broad rights to prevent harassment by creditors.This Fair Debt Collection Practice Act (FDCPA) It is a federal law that provides you with a mechanism to prevent debt collectors from contacting you. You can do this by sending stop and termination letters.
Federal law allows you to communicate with debt collectors and tell them you want them to stop contacting you. However, you must make this request in writing, otherwise it will be invalid. Here, we discussed some of the most common issues regarding creditor harassment, including how you can use stop and termination letters to prevent debt collectors from contacting you.
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Is it legal for a debt collector to call me?
Generally speaking, yes. If debt collectors try to arrange debt collection, they can call you. However, there are some limitations. For example, debt collectors cannot call you at “unusual times” or contact you where they know it is inconvenient.
Generally speaking, debt collectors are prohibited from calling before 8 am or after 9 pm. If they know that private calls are prohibited at your workplace, they will not be able to contact you at work.
They can also contact you in other ways, such as SMS, email, or mail. However, they cannot discuss your debts with anyone other than you or your spouse. If you have a lawyer representing you, the debt collector can only contact the lawyer about this issue.
How many times can a debt collector contact me before being considered harassment?
Although federal law states that debt collectors cannot harass you, it does not specifically limit the number of times that debt collectors can call you. However, debt collectors must not call you repeatedly or keep in touch with you for the purpose of harassing or insulting you.
You must decide whether you think the debt collector is harassing you. For some people, a few phone calls in a short period of time are enough to be considered harassment. In other cases, it may not be considered harassment until after hundreds of calls. High-frequency calls within a short period of time are more likely to be regarded as harassment.
Remember, FDCPA specifically prohibits debt collectors from harassing consumers. This means that if debt collectors are harassing, they may have violated FDCPA-you may file legal claims for monetary damages and attorney fees against the debt collectors.
Can I send a stop and termination letter to the collection agency?
If you want a debt collector or collection agency to stop contacting you, you can send Stop and Termination Letter Request communication to stop. You can also send other communications to request more information about the alleged debt or set restrictions on contacts.
If handled properly, sending stop and termination letters will restrict or stop communication with debt collectors. If the contact is not stopped as required, you may file a legal claim with the debt collector under FDCPA.
There are some potential drawbacks to sending stop and terminate letters. If debt collectors can no longer contact you, they may sue you in court. Although the suspension and termination letters stop communication, it will not stop or otherwise restrict the right of debt collection agencies to seek monetary judgments through litigation.
In some cases, using stop and termination letters is a good idea.
- Debt collectors are harassing you, which is putting you under tremendous pressure.
- The legal deadline for creditors to collect debts has passed.
- The debt they are trying to collect is not your debt.
If you decide to send a stop and termination letter, be sure to keep a copy for your records.
How to stop and terminate the letter to stop debt collection harassment?
After you send the stop and termination letter, the debt collector can only contact you for two purposes:
- Confirm that they have received your letter and will not have further contact; or
- Notify you that they plan to take legal action, such as filing a lawsuit against you.
If debt collectors contact you for any other purpose, they will violate FDCPA.
There are various nuances regarding debt collection, including statute of limitations, actions that may “confirm” debt, and so on. Before you contact a debt collector, it is best to talk to a lawyer about your situation.Reach for Rocket lawyers on call® lawyer Get affordable legal advice and answer your questions about stopping and terminating letters.
This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm, nor is it a substitute for a lawyer or a law firm. The law is complex and changes frequently.For legal advice, please Ask a lawyer.