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Being Harassed By Debt Collectors?
by Antonio Filippone
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 they try to get you
to agree to term that you know you can not handle simply let them know and
remember to never agree to any arrangements that just won't work for you.
If however collectors are unwilling to cooperate and continue to harass you,
ask them to stop calling. This usually will stop the calls but in case it
doesn't you can then send them 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 own conclusion and
your signature. You want to be sure to mail the letter using certified mail
using the return receipt requested feature.
This process almost always works but remember they do still have a right to
continue to collect the 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 has been helping people with their debt and other
financial matters for the last 16 years. Readers who want to learn more about
quickly and easily fixing their financial problems can visit
http://www.NotYetWealthy.com
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