Money

Many debt consolidation agencies advertise that they can stop harassment by collections agents. While it is true that they can do this, you do not need them to stop collections harassment. This is one thing you can do yourself.

When trying to collect a debt, a collections agent can contact you in person, by mail, telephone, telegram, or fax. It is illegal, however, for a collections agent to do any of the following:

• Use threats of violence or harm
• Publish a list of consumers who refuse to pay their debts (except to a credit bureau)
• Use obscene or profane language
• Repeatedly use the telephone to annoy someone
• Make false statements, use false documents, misrepresent themselves
• Contact people other than your attorney, except to find out where you live, what your phone number is, and where you work. They cannot tell these people that you owe them money and that cannot contact these people more than once.
• 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.

To stop a debt collector from contacting you, simply write a letter to the collector telling them to stop. It should say the following:

1. Who you are
2. That you have been contacted by them regarding a debt
3. That you do not wish to be contacted in the future
4. That legally they can only contact you to inform you that they have received this and will not contact you in the future or if the status of your account changes.
5. That any other contact would be a violation of federal law and the Fair Debt Collections Practice Act

You do not need to send this as a certified letter. If you want, however, you can take it to the post office and ask for a certificate of mailing. A certificate of mailing provides proof that the letter was sent without requiring the recipient to sign for it.

After the debt collector receives your letter, they cannot contact you except to:

1. State there will be no further contact
2. Notify you that the debt collector or creditor intends to take some sort of actions, such as filing a lawsuit

The same basic rules apply if you write to a collector stating that you dispute the debt. If, within 30 days after you receive notice of a debt, you write a letter disputing that debt, a collector may no longer contact you unless they send you proof of that debt.

If the harassment continues, report it to your state Attorney General’s office and the Federal Trade Commission. Many states have specific debt collection laws. Your state’s Attorney General’s office can help you determine your rights.

If you owe a debt, stopping the harassment does not eliminate that debt. It will continue to appear on your credit rating and the creditor or collections agency may still seek legal recourse.