If you’ve gotten yourself into a distressful financial situation where you are unable to make your bill payments on time, you are probably being bombarded by companies that are engaged in practices that would be defined as collection agency harassment. The Fair Debt Collection Practices Act (“FDCPA”) strictly prohibits debt collection harassment when you are dealing with collection agencies.
Fortunately, the FDCPA has not only established guidelines that prohibit harassing behavior by any collection agency, but also defines the consumer’s rights where collection practices are concerned. The following 4 steps are suggestions you should consider in order to stop collection agency harassment so that you no longer receive collection letters, debt collection calls, or are a victim of any other unfair debt collection practices:
Step #1: Start monitoring the debt collection calls that you receive Do this on a daily basis. Make sure that you get the name and address of the debt collection company that has contacted you as well as the name of the person that you talk to. Be sure to note any threats, name calling or other behavior that you find offensive.
Step #2: Send a “Cease and Desist” letter to the collection agency in writing. Under the Fair Debt Collection Practices Act, a debt collector must stop contacting you if you inform it in writing to do so. You don’t need any special language; just a written request to them to stop contacting you.
Step #3: Send your Cease and Desist Letter to the collection agency by certified mail. This your proof that you not only sent it, but that the collection agency has received it. Once your letter has been received by the collection agency, it must stop contacting you. If it continues to contact you, then it has violated the Fair Debt Collection Practices Act entitling you to damages of up to $1,000 plus costs and attorneys’ fees. A reputable Consumers Rights attorney will charge you nothing to pursue this case for you.
If you have been harassed by a debt collector, contact Attorney Gary Nitzkin for a free consultation. You can email Gary Nitzkin at [email protected] or call him at (888) 293-2882. For more information about the Fair Debt Collection Practices Act including self help videos, visit our website at www.micreditlawyer.com