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Category Archives: Stop Collection Calls

Can Debt Collectors Call My Family or Friends?

Debt collectors can be relentless. They often call repeatedly. Sometimes they even call a person’s family or friends! Fortunately there are laws in place that put restraints on how and when a collection agency may contact a debtor, as well as laws regarding who a debt collector may contact.

Dealing with debt you cannot afford to pay back is stressful enough, you do not need the added burden of your friends and family finding out about your debt problems.

Can Debt Collectors Call My Family or Friends?

Debt collectors may only in very limited circumstances contact anyone other than you.

Under the Fair Debt Collection Practices Act (FDCPA) a debt collector may contact a person other than the consumer only if they do not have contact information for the consumer.

In such limited circumstances, a debt collector may “for the purpose of acquiring information about the consumer” contact friends or family; however, there are a number of limitations upon what can and cannot be said during that contact. A debt collector contacting a third party shall:

  1. identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer;
  2. not state that such consumer owes any debt;
  3. not communicate with any such person more than once unless requested to do so by such person or unless the debt collector reasonably believes that the earlier response of such person is erroneous or incomplete and that such person now has correct or complete location information;
  4. not communicate by post card;
  5. not use any language or symbol on any envelope or in the contents of any communication effected by the mails or telegram that indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt; and
  6. after the debt collector knows the consumer is represented by an attorney with regard to the subject debt and has knowledge of, or can readily ascertain, such attorney’s name and address, not communicate with any person other than that attorney, unless the attorney fails to respond within a reasonable period of time to communication from the debt collector. 15 U.S.C. §1692(b).

Understand that the FDCPA applies to third-party debt collectors who are attempting to collect debts on behalf of someone else, not to original creditors/lenders.

How Can I Stop Debt Collectors From Calling Me, My Work, or My Friends and Family?

If a creditor is contacting your friends or family in violation of the law, it may give rise to an FDCPA violation claim against them. The Federal Trade Commission (FTC) or the Consumer Financial Protection Bureau (CFPB) may help you deal with those breaking the law.

As for creditors calling your place of employment: Under the FDCPA  debt collectors may not communicate with you, “at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.” 15 U.S.C. 1692(a)(3). If a creditor is calling you at work, get them to stop by telling them that your employer does not allow you to receive personal calls at work. If they continue to call, it is in violation of your rights.

Finally, you have the power to stop collection phone calls. Under the FDCPA, once you notify a collection agency in writing that you do not want to receive phone calls, they cannot legally continue to call you except under specific and limited circumstances. Learn How to Stop Collection Phone Calls in our article here.

Filing for Bankruptcy Stops All Collections

Filing for bankruptcy immediately stops all collection action. As soon as you file for bankruptcy protection, your creditors must cease and desist from all collection action against you, including:

  • Calling you or sending bills.
  • Wage garnishments or bank levies.
  • Suing you for unpaid debts.
  • Moving forward with pending law suits.
  • Repossessing your car (at least not right away).
  • Foreclosing on your home (at least not right away).

 

Bankruptcy is a powerful legal remedy to stop collections and help you get out of debt. Filing for bankruptcy can help you gain financial freedom and may very well help you make today the first day of the rest of your life.

Call us today (912) 351-9000 to schedule a free consultation. The Law Office of Barbara B. Braziel proudly serves the people of Savannah, GA and the surrounding areas.

 

We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

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How to Stop Collection Phone Calls

One of the most demoralizing things about falling far behind on paying your bills is the phone calls from collection agencies. These calls can be incessant, annoying and even stress-inducing. Fortunately, you have the power to make collection agencies stop calling you.

Your Legal Right to Stop Collection Phone Calls

It is your legal right to stop collection phone calls. Under the federal Fair Debt Collection Practices Act (FDCPA), once you notify a collection agency in writing that you do not want to receive phone calls, they cannot legally continue to call you except under specific and limited circumstances.

However, the FDCPA applies to third-party debt collectors who are attempting to collect debts on behalf of someone else. It does not apply to original lenders.

Also, while stopping the phone calls may bring you a sense of relief, it is not a solution to your financial problems. The fact is that ignoring your debt problem will only make the situation worse. We invite you to come meet with us for a free consultation so together we can explore your options for debt relief.

How to Stop Collection Phone Calls

To get a third party debt collectors to stop calling you:

Send the collection agency a letter telling them to stop calling you.

  • Send the letter by certified mail, so you have proof of delivery.
  • Keep a copy of the letter.
  • Do not provide any information the collection agency does not already have (such as your current address or phone number, name changes, etc.).

Keep a record of everything.

  • Create and maintain a record of all written correspondence, log of phone calls, voice mails, and notes on any conversations.
  • If you speak to a collection agency, note the date and time of the call, take the agent’s name and employee ID number, and make notes on what was said.

If after being notified in writing that you no longer want to receive calls they continue to call, they are violating your rights. Their actions may give rise to an FDCPA violation claim against them.

Your Letter to the Collection Agency

We offer the following language for use in your letter to the collection agency:

This letter is to notify you in writing that I no longer wish to receive communication from you, including phone calls, in regard to the alleged debt. Pursuant to the Fair Debt Collection Practices Act § 805, 15 U.S.C. § 1692(c) you must cease all communication with me, family members, or my employer.

You may only contact me to notify me in writing of your intention to either pursue specific remedies or terminate collection attempts.

This letter is in regard to ceasing communication, and is not, and should not be construed as, an admission regarding any alleged debt.”

The above does not constitute legal advice.

Filing for Bankruptcy Stops Collection Phone Calls

Filing for bankruptcy will also stop collection phone calls – including calls from original creditors and third party collection agencies.

Bankruptcy is a powerful legal remedy to help you get out of debt. It doesn’t just stop collection calls – it stops all collection action against you. As soon as you file for bankruptcy protection, your creditors must cease and desist from all collection action against you, including:

  • Calling you or sending bills.
  • Wage garnishments or bank levies.
  • Suing you for unpaid debts.
  • Moving forward with pending law suits.
  • Repossessing your car (at least not right away).
  • Foreclosing on your home (at least not right away).

Filing for bankruptcy can help you gain financial freedom and may very well help you make today the first day of the rest of your life. Read about how Bankruptcy Stops Collection Action and follow us on Facebook for more tips to stop creditor harassment!

Call us today at (912) 351-9000 or contact us via the web to schedule a free consultation on how you can end your financial struggle and gain financial freedom.

 

For over 35-years we have proudly served the people in Savannah, GA and surrounding areas. We invite you to get to know us here and read about the clients we’ve helped here.

We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

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Stop Collections! Put an End to Collection Phone Calls, Wage Garnishment, and Lawsuits

Being deep in debt is hard enough, but on top of it most people experience incessant collection phone calls, and often lawsuits from creditors and wage garnishment.

When you fall behind on your bills it isn’t long before your creditor begins to call you demanding payment. Eventually your creditor may hire a debt collection agency to attempt to collect from you, or even “charge off” your debt entirely and sell it to a third party, who will then attempt to collect the debt from you.

In many cases, our clients have been sued by at least one creditor, sometimes multiple creditors. If the creditor wins the suit or gets a default judgment, the creditor then has strong powers of collection, including the ability to garnish your wages! With the proper paperwork, your creditor can literally have money taken from your paychecks and sent directly to them.

Scary.

If you are deep in debt that you simply cannot afford to pay back, it is time to explore how bankruptcy can stop collection actions against you and get you out of debt. Imagine living life debt-free, no more incessant phone calls, and no more worrying about potential law suits.

Bankruptcy Puts an End to Collection Phone Calls, Wage Garnishment, and Lawsuits

Bankruptcy stops all collection actions. As soon as you file, your creditors must stop trying to collect from you, stop calling, and wage garnishment will stop and pending lawsuits will be halted. Bankruptcy is powerful.

The U.S. Bankruptcy Code contains a provision for an Automatic Stay, which makes it illegal for creditors to attempt to collect on debts from a person who has filed for bankruptcy protection. Yes, illegal. Any creditors found to be in violation of the Automatic Stay may face sanctions by the Court.

There are only a few exceptions to the automatic stay. The automatic stay exceptions include family law proceedings relating to divorce or parenting, collection on ERISA-qualified pension loans, IRS tax audits, demands for tax returns, or assessment of tax liabilities. However, the IRS must cease and desist from collection action for tax debts while the automatic stay is in effect.

Meet with us for a free consultation.

If you have questions about bankruptcy in Georgia, we invite you to come meet with us for a free consultation. We proudly serve the people of Savanna, Chatham County, Effingham County, Bulloch County, Bryan County, Liberty County, and Long County. Schedule your free consultation by calling us at (912) 351-9000 or by filling out this simple web form.

We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

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You Can Stop Debt Collectors From Calling You At Work!

Are debt collectors calling you at work? Do you tense up every time you hear the phone ring because you fear it’s another collection call? Are these incessant calls making you feel harassed or embarrassed?

We strive to protect the rights of our clients. So, we want you to know two things:

You have the power to stop collection calls yourself.

You have the power to stop debt collectors from calling you at work.

We have been helping people get out of debt for decades, and for decades we have fought against debt collectors harassing our clients with unrelenting collection calls. We understand that everyone wants to pay their bills, but when you simply do not have the money, you cannot pay.

Stop Debt Collectors From Calling You At Work

To stop debt collectors from calling you at work: tell them that your employer prohibits the call.

Under the federal Fair Debt Collection Practices Act (FDCPA) 15 U.S.C. 1692(a)(3) debt collectors may not communicate with you: “at the consumer’s place of employment if the debt collector knows or has reason to know that the consumer’s employer prohibits the consumer from receiving such communication.”

This may seem too simple, but once you tell a debt collector that your employer prohibits the call, any future calls to your work would be in violation of your rights.

Considering bankruptcy but worried that your employer will find out? Read our article Will My Employer Know If I File For Bankruptcy? HERE.

When A Debt Collector “Has Reason to Know” That Your Employer Prohibits Collection Calls At Work

In many cases the debt collector “has reason to know” that an employer would prohibit collection calls. First, workplace policies prohibiting employees from taking nonemergency calls at work are not uncommon. Second, if the collector has dealt with the same employer before, they have reason to know that your employer prohibits such calls. Third, clearly for certain occupations a debt collector has “reason to know” that an employer would prohibit collection calls. It is obvious that many occupations, such as a school teacher, ambulance driver, or restaurant waitstaff, would not be allowed to receive calls on the job.

When A Debt Collector Can Call You At Work

There are two exceptions that allow a debt collector to contact you at work:

  • You give your consent for them to do so.
  • There is a court order in place allowing them to do so.

Absent these two circumstances, tell them that your employer prohibits the call and they must stop calling you at work.

Stop All Calls From Debt Collectors

You have the power to stop collection calls yourself. Under federal law, once you notify a collection agency in writing that you no longer wish to receive phone calls, they cannot legally continue to call you except under limited circumstances.

Learn how to put an end to all collection calls here!

Also, we want you to know that filing for bankruptcy immediately stops all collection action! Follow us on Facebook for more tips to stop creditor harassment and collection action against you!

Call us today (912) 351-9000 to schedule a free consultation. The Law Office of Barbara B. Braziel proudly serves the people of Savannah, GA and the surrounding areas.

 

We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

READ MORE

Put An End To Harassing Creditor Calls

Do you tense up every time you hear the phone ring because you know it’s another collection call? Do you feel harassed by these incessant calls?

Nobody wants to be called multiple times a day by a creditor seeking payment. We understand that everyone wants to pay their bills, but when you simply do not have the money, you cannot pay.

Did you know that you have the power to stop these harassing creditor calls yourself? Learn how to put an end to harassing creditor calls here!

In our article Get Stress Relief: Stop Creditor Calls and Collection Action we share:

  • What to do to get the collection calls to stop.
  • What to write in the letter to the collection agency.
  • Plus some do’s and don’ts when dealing with a collection agency.

Your Legal Right To Stop A Collection Agency From Contacting You

Under the federal Fair Debt Collection Practices Act (FDCPA), once you notify a collection agency in writing that you do not want to receive phone calls, they cannot legally continue to call you except under specific and limited circumstances. It is your legal right to stop collection phone calls. If after being notified in writing that you no longer want to receive calls, and they continue to call, they are violating your rights. Their actions may give rise to an FDCPA violation claim against them.

Understand that the FDCPA applies to third-party debt collectors who are attempting to collect debts on behalf of someone else. It does not apply to original lenders.

Stopping The Collection Phone Calls Does Not Erase The Debt

It is important to understand that stopping the phone calls is not a solution to your financial problems. The longer you ignore your debt problem, the worse it will get. Come meet with us for a free consultation. Together we’ll explore your options to get you out of debt.

Bankruptcy Puts An End To Harassing Creditor Calls & Has The Power To Erase Debts

In fact, filing for bankruptcy doesn’t just stop collection phone calls – it stops all collection action. Further, bankruptcy has the power to erase debts.

As soon as you file for bankruptcy protection, your creditors must cease and desist from all collection action against you, including:

  • Calling you or sending bills
  • Wage garnishments or bank levies
  • Suing you for unpaid debts
  • Moving forward with pending law suits
  • Repossessing your car (at least not right away)
  • Foreclosing on your home (at least not right away)

Filing for bankruptcy can help you gain financial freedom and may very well help you make today the first day of the rest of your life. Read about how Bankruptcy Stops Collection Action and follow us on Facebook for more tips to stop creditor harassment!

For over 35-years we have proudly served the people in Savannah, GA and surrounding areas. Contact us for a free consultation on how you can end your financial struggle and gain financial freedom.

 

We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

READ MORE

Get Stress Relief: Stop Creditor Calls and Collection!

Have you fallen behind on your bills and now your phone is ringing non-stop with debt collection calls? Are you being harassed by calls from collection agencies? Does your stomach knot up every time you see a random (888) number pop up on your screen?

Did you know you have the power to stop collection calls yourself?

We want you to know your rights. There are laws in place to protect you from being harassed by creditors. No matter how much money you owe, or how far you’ve fallen behind on payments, nobody has the right to abuse you or mistreat you because of it.

The Fair Debt Collection Practices Act (FDCPA) is federal law designed to protect you and stop abusive, deceptive, and unfair debt collection practices. Even in the face of these powerful laws, many creditors still engage in illegal and abusive debt collection practices in violation of your rights under the FDCPA.

How to Stop Creditor Calls

Under the FDCPA, once you notify a collection agency in writing that you do not want to receive phone calls, they cannot legally continue to call you except under certain circumstances. If they continue calling, you have the right to sue them for violating your rights.

To get the collection calls to stop, follow these steps:

  1. Send the collection agency a letter telling them to stop calling you.
  • Send the letter by certified mail, so you have proof of delivery
  • Keep a copy of the letter
  • Do not provide any information the collection agency does not already have (such as your current address or phone number, name changes, etc.)
  1. Keep a record of everything.
  • Including letters, log of phone calls, voice mails, and notes on any conversations.
  • If you speak to a collection agency, make notes on what was said, and note the date, time, and agent’s name and employee ID number.

What to write in the letter:

To ensure the creditor understands you know your rights, use the following language in the letter:

This letter is to notify you in writing that I no longer wish to receive communication from you, including phone calls, in regard to the alleged debt. Pursuant to the Fair Debt Collection Practices Act § 805, 15 U.S.C. § 1692(c) you must cease all communication with me, family members, or my employer.

You may only contact me to notify me in writing of your intention to either pursue specific remedies or terminate collection attempts.

This letter is in regard to ceasing communication, and is not, and should not be construed as, an admission regarding any alleged debt.”

The Debt Still Exists Even If the Collection Phone Calls Stop

It is important to understand that even if the phone calls have stopped, the debt still exists. Even if they are not calling you, your creditors can take collection action against you, including suing you for unpaid debt.

Did you know bankruptcy stops all collection action, including law suits, wage garnishments, and bank freezes? To learn more, read our article here.

Certainly stopping harassing credit calls will help you get stress relief. However, we encourage you not to ignore or avoid your debt problems. We’re here to help you get out of debt. We even offer free consultations to anyone in Savannah, GA and all of the surrounding areas.

Follow us on Facebook for more tips to stop creditor harassment!

 

We are a debt relief agency. We help people file for bankruptcy relief under the U.S. Bankruptcy Code.

READ MORE