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What To Do About Debt Collection Harassment

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Published: 21Feb2010
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If you have ever fallen behind on a debt for more than a month you have probably experienced the dreaded call from the debt collector. And while some debt collectors are just people like you and me trying to do their job, others can be down right abrasive in their attempt to collect your back payments. Some people have been treated like a criminal, talked down too, embarrassed at their place of employment or even in there home while entertaining friends. This does not have to happen to you.

You should know that the Fair Credit Collection Practices Act (FDCPA) protects you as the debtor. The law does not negate the debt you own but it insures that you are treated fairly by debt collectors and it even prohibits certain types of collection practices.

If you are currently in this situation and you are concerned with maintaining a decent credit score in the future it is a good idea to try and make realistic payment arrangements that you can afford. If the collector attempts to have you agree to a payment arrangement that you know you can not follow through on simply say so and never agree to any terms that don't seem reasonable to you.

If however collectors are unwilling to cooperate and continue to harass you, ask them to stop calling. This will usually work but if not you can then send them something called a Cease and Desist letter. This is much easier than it sounds. Here is what you can do.

Ask the caller for his companies name and address. (This is information they must disclose so do not be afraid to ask for it) Then write a standard business letter with your name and address at the top, the date, and your account # in question. Under that you will put their company name and address then after a brief greeting you can state, According to the Fair Debt Collection Practices Act,15 U.S.C. section 805., you are hereby notified to cease and desist all further communication with me in regard to the referenced account. Failure to comply will result in a complaint being filed against you with the Federal Trade Commission, the Attorney General of your state. I also reserve the right to file suit against you for any future violations of this law. I will record any phone calls if you fail to comply with this notice. Then ad your salutation and sign it. Make sure to send the letter certified mail with return receipt requested.

This will almost always stop them from harassing you however they do still have the right to try and collect that debt. They may file a suit in an attempt to collect. Although sending a cease and desist letter is a valuable tool, it should only be used when absolutely necessary and after reasonable negotiations have failed. Keeping open communication is a better choice as long as you are not being harassed.

Antonio Filippone is a respected Speaker, Author, and Consultant on the topic of financial planning for middle American people.Readers who are interested in learning how to quickly fix their money problems can read his unique story at http://www.NotYetWealthy.com

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