Collection Agency Nightmare



If you are having problems with a collection agency harassing you, you have come to the right place. I myself have had horrible problems in my past from collection agents when things were not going so well financially. I had numerous collection agents calling me over and over again. They were nasty and rude to me on the phone. They made threats and literally scared the heck out of me. It gave me such anxiety, I was having trouble sleeping.

The final straw came one evening when my next door neighbor came knocking on my door and said that some collection agent called and wanted him to come over and let me know that they needed immediate payment on my debt. Talk about EMBARRASSMENT! I was at my wits end at this point.

Then one day I saw an expert on collection on a television talk show. He gave out all sorts of information, and I was blown away. All this time, I had the ability to put those scumbags in their place and force them to stop contacting me in any way.

I took all of the advice and lo and behold, it worked. I had to repeat the steps a couple more times, because the debts got "re-sold" to different collection agencies. But I ended up never hearing from any more collection agents again, nor the original creditor.

I was eventually able to raise my FICO score and obtain very good credit. I also found extremely effective tips about credit repair from an expert I saw on television. I have created another website that addresses the FICO score issue:

Raise Your FICO Score

If you follow the steps on this blog, you too can eat dinner in peace without the phone ringing!

Fair Debt Collection



If you use credit cards, owe money on a personal loan, or are paying on a home mortgage, you are a "debtor." If you fall behind in repaying your creditors, or an error is made on your accounts, you may be contacted by a "debt collector."

You should know that in either situation, the Fair Debt Collection Practices Act requires that debt collectors treat you fairly and prohibits certain methods of debt collection. Of course, the law does not erase any legitimate debt you owe.

Debts that are covered

Personal, family, and household debts are covered under the Act. This includes money owed for the purchase of an automobile, for medical care, or for charge accounts.

Legal definition of a debt collector

A debt collector is any person who regularly collects debts owed to others. This includes attorneys who collect debts on a regular basis.

How a debt collector may contact you

A collector may contact you in person, by mail, telephone, telegram, or fax. However, a debt collector may not contact you at inconvenient times or places, such as before 8 a.m. or after 9 p.m., unless you agree. A debt collector also may not contact you at work if the collector knows that your employer disapproves of such contacts.


Who a debt collector may contact about your debt


If you have an attorney, the debt collector must contact the attorney, rather than you. If you do not have an attorney, a collector may contact other people, but only to find out where you live, what your phone number is, and where you work. Collectors usually are prohibited from contacting such third parties more than once. In most cases, the collector may not tell anyone other than you and your attorney that you owe money.

Information the debt collector must tell you about the debt

Within five days after you are first contacted, the collector must send you a written notice telling you the amount of money you owe; the name of the creditor to whom you owe the money; and what action to take if you believe you do not owe the money.

May a debt collector continue to contact you if you believe you do not owe money?

A collector may not contact you if, within 30 days after you receive the written notice, you send the collection agency a letter stating you do not owe money. However, a collector can renew collection activities if you are sent proof of the debt, such as a copy of a bill for the amount owed.

Collection Agency Cease and Desist Letter



You can stop a debt collector from contacting you by writing a letter to the collector telling them to stop. Once the collector receives your letter, they may not contact you again except to say there will be no further contact or to notify you that the debt collector or the creditor intends to take some specific action. Please note, however, that sending such a letter to a collector does not make the debt go away if you actually owe it. You could still be sued by the debt collector or your original creditor.

The following letter can be sent to a collection agent to prohibit them from ever contacting you in any way. Send the letter certified return receipt and save a copy.

______________________________


Date

Your Name
Address
City, State Zip


Debt Collector’s Name
Address
City, State Zip

Re: Account Number

Dear Debt Collector:

Pursuant to my rights under federal debt collection laws, I am requesting that you cease and desist communication with me, as well as my family and friends, in relation to this and all other alleged debts you claim I owe.

You are hereby notified that if you do not comply with this request, I will immediately file a complaint with the Federal Trade Commission and the (your state here) Attorney General’s office. Civil and criminal claims will be pursued.
Sincerely,

Your Name

Prohibited Debt Collection Practices



Debt collectors may not harass, oppress, or abuse you or any third parties they contact. Debt collectors may not use any false or misleading statements when collecting a debt. Debt collectors may not engage in unfair practices when they try to collect a debt. For example, debt collectors may not:

* Use threats of violence or harm.
* Publish a list of consumers who refuse to pay their debts.
* State that you will be arrested if you do not pay your debt.
* Claim they will seize, garnish, attach, or sell your property or wages, unless the collection agency or creditor intends to do so, and it is legal to do so.
* Collect any amount greater than your debt, unless your state law permits such a charge.
* Deposit a post-dated check prematurely.
* Use deception to make you accept collect calls or pay for telegrams.
* Take or threaten to take your property unless this can be done legally.
* Contact you by postcard.
* Falsely imply that they are attorneys or government representatives.
* Falsely imply that you have committed a crime.
* Falsely represent that they operate or work for a credit bureau.
* Misrepresent the amount of your debt.
* Indicate that papers being sent to you are legal forms when they are not.
* Indicate that papers being sent to you are not legal forms when they are.
* give false credit information about you to anyone, including a credit bureau;
* Send you anything that looks like an official document from a court or government agency when it is not,
* Use a false name.

Statute of Limitations Dispute Letter



The following letter can be sent to a collection agent if your debt is beyond your states statute of limitations on debt collection.

You can check your state statute here:

State Statute of Limitations on Debt Collection

________________________________

Your Name
Your Address

Lender's Name
Lender's Address

RE: (Account # of Debt Owed, Customer Name & Type of Debt)

Dear (Mr. Debt Collector),

I am responding to your letter dated (dd-mm-yyyy) in reference to the collection of the above debt (Account # of Debt Owed). This letter is also in reference to your phone call on (dd-mm-yyyy).

The debt that you have charged against me is invalid and I am therefore disputing it. I am 100% aware of my rights under the Fair Debt Collection Practices Act (FDCPA) and have also checked with my local state department regarding the matter. I have also checked with my State Attorney General that the Statute of Limitations Period you had to enforce the collection of this debt against me in the courts is OVER. Therefore in case you take this debt collection case to the courts, I will dispute it and let the Judge know that the Statute of Limitations period is over.

Consider this letter as your formal notice that I would like this matter to be closed or actually, demand this matter to be closed. I also demand that you or any debt collection parties working with you STOP calling me regarding this debt collection.

You should know that I will be taping any more phone calls received from you and report you to the Federal Trade Commission and to my State Attorney General. If I receive a harassing debt collection phone call from you, remember you can be charged up to $1000 per every harassing phone call. You should also know that I am willing to take whatever necessary legal action to protect my rights as a consumer.

(Your Signature)
(Your Printed Name)