Q: What's the quickest way for me to stop collections calls from happening? I'm sick of the harassment!
A: Well, the quickest way to stop harassment from collection agents is to cite the FDCPA {"Fair Debt Collection Practices Act") by saying, "pursuant to the FDCPA - stop calling my home, office etc." Continued violation of the Act subjects the collector to a law suits, damages, fines and attorney fees. A more extreme measure would be to file bankruptcy. However, most debts can be negotiated with the help of a competent debt resolution attorney. Proceed with caution if you are considering a debt settlement company, which is far different from having a licensed experienced attorney negotiate and settle your issue once and for all.
A:
Generally, a letter should stop the debt collector communications. The FDCPA indicates at 15 USC 1692c:
(c) Ceasing communication
If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt. . .
There is no magic language. The letter should simply request that they refrain from contacting you. I suggest you send that letter by certified mail - return receipt requested.
As an aside, I urge you to keep track of these communications and consult with a consumer lawyer to discuss potential legal action. Debt collectors are prohibited from certain communications.
A:
As the other commenters said, you can invoke the Fair Debt Collections Procedures Act (FDCPA). But if the person calling you for the debt is the original creditor, the FDCPA won't help you. The FDCPA only applies to debt collectors, not original creditors trying to collect their own debts.
If you are being harassed by an original creditor, the frequency and nature of the calls will determine whether you can have a remedy. If the calls are at unreasonable times of day or outrageous in frequency, or they are using manipulative or coercive tactics, then maybe you could get a temporary restraining order (TRO) against the creditor. You could also make a complaint to the State of Michigan department that licenses and regulates the business who is calling you.
As always, this is a response to a hypothetical using limited information. Be sure to talk to a qualified lawyer about your specific situation before taking action on any advice you receive from internet discussion boards.
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