Tuesday, September 22, 2009

The Bill Collector Letter That Shuts Them Up

By Sean Payne

Remember that feeling you got when the letter from the bill collector came in the mail? Remember the cold feeling in your gut when you realized that you owed money that you couldn't repay? And after that, the phone calls and additional letters hounding you for the money that you knew you didn't have.

Now is the time to turn the tables on those debt-collecting predators. It's time to know your rights and to use them.

A Federal law known as the Fair Debt Collection Practices Act (also known as the FDCPA) tells you exactly what a debt collector can and can't do to collect a debt from you. The FDCPA puts hard limits on exactly how a debt collector can contact you.

For example, a debt collector cannot call you at work except to find out the telephone number to call you at home. They cannot inform other people, including your employer, about the debt you owe.

Additionally, collection agents cannot call you or contact you in any other way if you inform them that they may no longer do so. That's all we're going to learn how to do.

The magic letter that sends bill collectors running consists of two things:

The first is your identifying information. This consists of your name, your address, any debt account numbers for the debt that they're trying to collect, and any other info they may need to positively identify you as the debt account holder.

The second part is to let them know that you want them to stop communicating with you, period.

These two steps are all that the FDCPA requires from you in order to keep the debt collector from further harassment. The only way the debt collector is allowed to contact you in the future is to let you know that they will stop contacting you, and if they intend to pursue legal action to collect on the debt.

When sending this letter, it's wise to send it via certified mail with delivery receipt requested. This means that when the letter is delivered to the debt collection agent, you'll receive notification that is now in their hands. Make sure to save this receipt to prove that the letter was actually delivered to the collection agent.

According to the FDCPA, if the bill collector contacts you in the future in violation of the law, you have the right to report the bill collector to the FTC. The FTC is the Federal Agency that enforces the FDCPA. Once you have notified the FTC of the bill collector's violation of the law, they can pursue legal action against the bill collector.

Don't forget that even if you notify the debt collector not to contact you anymore, they can still pursue you via legal action if they want to collect on the debt. The letter I've described can only keep debt collectors from harassing you. It can't keep them from suing you in a court of law if they still intend to collect on the debt. - 23309

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