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 lawsuits.
- 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.
Find out more about being debt free in our guide: All About Debt Relief
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.