Stop Calling Me!!!!

Discussion in 'Credit Talk' started by Erica, Mar 7, 2001.

  1. Erica

    Erica Well-Known Member

    Hello all!!
    I'm new to this board, but am a member of other boards and have yet seen a question related to this. I remember a while back I saw a form letter to send to collection agencies that prohibits them from calling you. All they can do is use the US Postal Service for correspondence.
    Has anyone heard of this letter? If you have, do you know where I can find it?

    Thanks in advance

  2. Jack

    Jack Guest

    Will that work?

    The collection agency can call you as long as it's within reasonable hours. They are in fact using this as a tactic to wear you out since they cannot threaten you. They can only annoy you.

    In fact, anyone can call you as long as they have your phone number. You do not have to pick up the phone. Get call display service.
  3. SisterGirl

    SisterGirl Well-Known Member

    That is NOT correct !!!

    If you tell collectors not to call you again via phone & if they continue,you can FILE SUIT according to your rights bestowed by the wonderful legal system. She can start w/a verbal "do not contact me by phone" & file charges w/PUC(Public Utility Comm)& FCC(Federal Communication Comm)if they continue to pursue via this method.Once she gives the "do not call",that will set precedence for further legal liabilities.

    I worked for AT&T for 18 yrs & know this is a fact.

    Sister Girl
  4. Certainly

    Certainly Guest

    You can send a certified letter requesting that you be contacted via Postal Service only. Also, and this information comes from my attorney, if anyone calls and threatens you or use foul language of any kind, you can record it and the court will force the agency to forgive the debt in full!
  5. Hal

    Hal Well-Known Member


    Send them a Cease and Desist letter via certified mail with a return receipt. Basically you are telling them never to contact you.

    Here is a quote from the Fair Debt Collections Practices Act:

    Limitations on Contacting the Consumer

    A debt collector may only contact a person between the hours of 8 a.m. and 9 p.m. Debt collectors may not contact the consumer at his job if the debt collector is aware that the employer prohibits personal calls.

    A person may notify a debt collector in writing if he or she does not want any further contact with the collector. Once this notice has been received, the debt collector must stop all communications, except to notify the person that a specific action will be taken.

    Here is a sample letter, modify it to fit your situation:

    Sample Cease & Desist Letter-


    Name Of Person at Collection Agency
    Collection Agency Name
    City, State, ZIP

    RE: Account #

    Dear Name of Agent or Agency,

    You are here by notified that your services are no longer desired. This is in accordance with the laws of the Fair Debt Collection Practices Act.

    You and your company must cease and Desist all attempts to collect the above debt. Failure to comply with this law will result in my filing a complaint with the Federal Trade Commission and my stateâ??s Attorney generalâ??s Office. I will be thorough and pursue all criminal and civil claims against you and your company.

    Be warned, that if any negative information pertaining to this debt is added to my credit file after receipt of this letter, I will file suit against you and your company, both personally and corporately, to seek any and all legal remedies afforded me by law.

    I am not going to ever deal with collection agencies, and my intention is only to settle this account with the original creditor.


  6. Jack

    Jack Guest

    The original creditor does not own this debt any more. In fact, it was purchased and owned by this credit collection agency.

    It will not be that easy. They will likely bring you to court. In fact, they cannot wait for you to get a lawyer involved.

    If they win in court. They have the right to directly seize your salary at the source. Your only option is to declare bankruptcy to avoid paying.

    The best way to avoid paying a debt is to hope that they will give up and do not bother with lawyers with high fees. However, once you get them upset with all these nonsense legal threats... they will get tough. You will be miserable at that time.

    Imagine working for nothing as your salary gets deposited into their account directly!
  7. Hal

    Hal Well-Known Member

    Igonore the previous post. First, the FDCPA refers solely to "third party collectors" such as collection agencies. Collection agencies rarely have attorneys on their staff and unless the debt is relatively large they will not sue, despite any threats they give you.

    Don't jump into Bankruptcy. This has long lasting effects and with the new Bankruptcy Code soon to be signed you may be forced into a chapter 13 payment plan which can last 3-5 years.

    If you did lose a suit and have a judgement filed, in most states garnishment is limited to a specific percentage of your take home pay. If you have to appear in court and acknowledge the debt, have a list of your monthly expenses, and any reasonable judge will limit the amount that can be taken in the garnishment. If all else fails, let them serve their garnishment, and find a new job. It isn't worth their effort to track your new employer down.

    I have heard so many "We are going to sue you" threats from collectors, it isn't even funny. And out of them all, I have never once been served with a summons to appear in court.

    Remember collectors almost always get paid on either a commission or bonus above salary basis. In both cases the more they collect in a month, the more they make. It is in their interest to threaten you.

    I have used cease and desist letters many times, and not once have I been to court.
  8. test

    test Guest

  9. Erica

    Erica Well-Known Member

    Thank you for all of your help(?), but I assure you that I'm not going to file bankruptcy for $6000. All I wanted to know was where can I find a letter that prohibits a collection agency from calling me. I do not wish to deal with the original creditor, however I want to do all of my dealings through the mail so I have records. THat is all that I want.

    I'm sorry if I sound cranky, but nowhere in my original post did I say I was filing for bankruptcy, or that I intended to sue.

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