There are ways to have a bill collector stop contacting you.  You must handle this in writing, alerting them that it is no longer permitted that they call you. Once they receive your letter they are not allowed to contact you again. This does not mean that you are off the hook. You can still be taken to court and sued on the matter. If you get taken to court, you could end up with a judgment against you for what you owe. This will then go on your credit report. Why it is a problem once the debt hits your credit report as a judgment is that most mortgage lenders will require this bill to be satisfied as it can impact a lender’s ability to give you a mortgage. The only way to get it off your credit report at this point is to pay it in full or settle for something less than the full amount due. While it is on your credit report, you credit will most likely suffer.
Debt Collectors Have Restrictions
If you have an attorney, the creditor must contact your attorney not you. If you do not have an attorney, a creditor may contact other people, but only to find out where you are living. In most cases the debt collector cannot tell anyone besides you and your attorney that you owe money.       If you do not believe that you owe a debt, and you file a dispute, the collection agency has 30 days to provide proof that a debt does exist and that you owe it. If they can provide proof then they can continue to try to collect on it. At no time during the collection process can a collector use threats of violence, publish you in a list of other debtors, use profanity or obscene language.       In addition, they cannot give false credit information to anyone. This includes the credit bureaus. They cannot send you anything that tries to look like an official document for a government agency or court. The collectors are not allowed to use false names. A collector may not engage in deception, threaten to take your property, deposit a post dated check early, collect more that you owe or contact you with a postcard.       If you feel that your rights have been violated you can take a collector to court within 1 year of the date that you feel that the law was violated.  If you think that you have been treated unfairly you can contact the attorney general in your state to help you determine your rights.

When can a creditor call me? I think that most consumers believe that a collection agency cannot make calls to try and collect a debt on Sunday. A creditor is allowed to call you on Sunday. The provision that allows calls to be made on Sunday is spelled out in the Fair Debt Collections Practices Act.

Can a creditor call me on Sunday if the debt is with a collection agency?

If the debt is still with the original creditor they can definitely still call. Even if the debt is with a collection agency they can call from 8am to 9pm. If the collector calls outside of these times, they could be in violation of the fdcpa or Fair Debt Collection Act.

10 Tips on how to do your own Debt Negotiation and work with collection agencies, bill collectors and creditors

If you are going to do your own debt negotiation you are probably going to go up against a tough and aggressive pro. By following these steps you can take the upper hand and save yourself thousands by doing a debt settlement.

I think the first step in the game is to know what the rules of debt collection are. The more information you know about debt collection practices, the less harassment you will get. If a debt collector knows that you know the game, they probably wont mess with you as much. You need to become very familiar with the Fair Debt Collection Practices Act of 1977. You can also get a free booklet for the rules of debt collecting form the National Consumer Law Center. Continue Reading »