What If I Want A Collection Agency To Stop Calling Me?
A third party collection agent is able to call the debtor’s place of employment, but they are restricted in what they can disclose. They are not permitted to inform an employer about a debt, or attempting to get a debtor fired. In general, a debt collector is restricted from discussing your debt with anyone but you and the credit bureaus, however in some states speaking with a debtor’s spouse is permitted.
While it may not be the best idea, according to the Fair Debt Collection Practices Act, a debtor can notify a debt collector in writing telling them that they want to stop further communication and the collection agent has to comply. The debt collector is usually permitted one more contact to inform the debtor how they intend to proceed with their case. While ceasing communication with debt collectors might seem relieving, it is essentially relinquishing control over your financial situation, and a debt collector is still fully capable of negatively marking your credit score or taking you to court.
A request to stop communicating has to be written, preferably citing the FDCPA and sent by Certified Mail, Return Receipt Requested. If a creditor was on the fence about whether or not to file a lawsuit against the debtor, the decision will usually be made right after this point, instead of being further delayed.
Again, just because the collection agent can no longer contact you anymore does not make the debt disappear. After a debtor has mailed a “cease and desist” notice to their collection agent, their debt will either be returned to the original creditor, passed on to another third party agency, or in rare instances, filed away simply as uncollected, all depending on the circumstances.
Try to remember however, when the debt collector calls, they often have the authority to offer you a repayment plan or a reduced amount to pay, which will absolve you of your debt so you do not have to worry about it anymore, and it will easier for you to pay. Even though they get a lot of bad press, most collection agents are for the most part personable and more than happy to work with you if you want to work out some sort of payment. It’s a win-win situation for both parties: your debt has been paid and the collector gets a nice commission check for the week to bring home.
Mallory Megan works for Rapid Recovery Solution and writes articles on new york collection agencies Also published at What If I Want A Collection Agency To Stop Calling Me?.
July 29, 2010 | Posted by Mallory Megan
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