Make A Bill Collector Cease & Desist Contact

Are you in debt--and avoiding ringing phones, ignoring your mail and only hesitatingly opening the door--all to steer clear of the dreaded bill collector?

No one likes dealing with these people. But the good news is that the law forbids repeated harassment by bill collectors--and gives you the right to sue for violations. If you complain loudly enough--and you've got proof backing you up--you have a chance to get the whole debt canceled.

Bill collectors are of two types. (No, not nasty and even nastier.) Some bill collectors work for the original creditor, the business or person who first extended you credit or loaned you money. Others work for a collection agency, a company hired by an original creditor to collect its debt.

The difference is important. You have much greater legal protection against harassment by debt collectors who work for collection agencies, because they are governed by a federal law called the Fair Debt Collection Practices Act, or FDCPA.

Tell Them to Stop

Few consumers know that under the FDCPA, you have the right to tell a collection agency employee to bug off. Simply send a letter stating that you want the collection agency to cease all communications with you. All agency employees are then prohibited from contacting you, except to tell you that collection efforts have ended or that the collection agency or original creditor may sue you.

Debt collectors, however, are notorious for breaking the law--contacting people who have sent a cease-contact letter, or violating other provisions of the FDCPA.

Document Illegal Behavior

To get results, you need proof of the illegal behavior. Proof of the phone calls from someone at a collection agency violating the law? Some try to tape the next harassing phone call they get. In most states, you can tape a conversation without telling the other party, as long as you are a party to the conversation. That's because the law allows you to record any conversation in which at least one party consents to the taping, and you can be the one who consents.

In some states (listed below), it's illegal to record a conversation, unless you get the permission of the person to whom you are speaking, or in some states at least warn the person that the conversation may be recorded Telephone Recording (Find Law)

I Would Not Record A Conversation Without The Other Party's Knowledge In:

California Massachusetts Connecticut Michigan Delaware Montana

Florida New Hampshire Illinois Pennsylvania Maryland Washington

The Following Is A Summary Of The Recording Consent Laws In Each State:

^{Alabama - One Party} * ^{Alaska - One Party} * ^{Arizona - One Party} * ^{Arkansas - One Party} * ^{California - Two Party} * ^{Colorado - One Party} * ^{Connecticut - Two Party * Delaware - Two Party} * ^{District of Columbia - One Party} * ^{Florida - Two Party} * ^{Georgia - One Party} * ^{Hawaii - One Party} * ^{Idaho - One Party} * ^{Illinois - One Party} * ^{Indiana - One Party} * ^{Iowa One - One Party} * ^{Kansas - One Party} *^{Kentucky - One Party} * ^{Louisiana - One Party} * ^{Maine - One Party} * ^{Massachusetts - Two Party} * ^{Maryland - Two Party} * ^{Michigan - One Party} * ^{Minnesota - One Party} * ^{Mississippi - One Party} * ^{Missouri - One Party} * ^{Minnesota - One Party} * ^{Montana - Two Party} * ^{Nebraska - One Party} * ^{Nevada - One Party} * ^{New Hampshire - Two Party} * ^{New Jersey - One Party} * ^{New Mexico - One Party} * ^{New York - One Party} *^{North Carolina - One Party} * ^{North Dakota - One Party} * ^{Oklahoma - One Party} * ^{Oregon - One Party} * ^{Ohio - One Party} * ^{Pennsylvania - Two Party} * ^{Rhode Island - One Party} * ^{South Carolina - One Party} * ^{South Dakota - One Party} * ^{Tennessee - One Party} * ^{Texas - One Party} * ^{Utah One - One Party} * ^{Vermont - One Party} * ^{Virginia - One Party} * ^{West Virginia - One Party} * ^{Washington - Two Party} * ^{Wisconsin - Two Party} * ^{Wyoming - One Party}

If you can't tape a conversation, try to get a witness. Have the witness listen on a phone extension while you and the collector talk. Try to get the collector to repeat the earlier illegal statements. U.S. Federal Eavesdropping Regulations

When you obtained a tape, Here Is A Web Site That May Help You Clean Up Any Noise.

It's illegal for bill collectors to:· Contact third parties, other than an attorney or a credit bureau, except to locate you · call you repeatedly or contact you before 8 a.m. or after 9 p.m. · contact you at work if your employer prohibits it · use or threaten to use violence · use obscene or profane language · place telephone calls to you without identifying themselves as bill collectors · claim you owe more than you do · claim to be attorneys · claim that you'll be imprisoned or your property will be seized · send you a paper that resembles a legal document, or · add unauthorized interest, fees or charges.

File a Complaint

If you have legally obtained conversation taped or witness willing to swear the truth, you can make an official complaint. The federal agency that oversees collection agencies will send you a complaint form if you ask, or you can simply write a letter. Contact the Federal Trade Commission at 6th and Pennsylvania Ave. NW, Washington, DC 20580. Include the Collection Agency's name and address, the name of the collector, the dates and times of the conversations, and the names of any witnesses. Attach copies of all offending materials you received and a copy of any tape you made. Also, send a copy of your complaint to the state agency that regulates collection agencies for the state where the agency is located. To find the agency, call information in that state's capital city. Finally, send a copy to the original creditor and the collection agency. The original creditor may be concerned about its own liability and offer to cancel the debt at once.

Once your complaint is filed, don't expect immediate results. The FTC may take steps to sanction the agency if it has other complaints on record. The state agency may move more quickly to sue the collection agency or shut it down for egregious violations. Your best hope is that the creditor will offer to cancel the debt.

Sue them if they keep it up!

If you've been subject to repeated abusive behavior, consider suing the collection agency. But don't bother if the illegal behavior was annoying but nothing more. For example, if the collector called three times in one day but never again, you probably don't have much of a case.

You can represent yourself in Small Claims Court, or hire a lawyer and go to regular court. (The other side may have to pay your attorney fees and court costs if you win or you could end up paying the other party's if you loose.) You're entitled to any actual losses--for example, your pain and suffering, or the amount you paid to switch to an unlisted number to avoid harassment--and up to $1,000 in punitive damages.

In truly outrageous cases--especially if the abuse inflicted on you was substantial and you have reports from therapists and doctors documenting your suffering--consider hiring a lawyer to represent you. One Texas jury awarded $11 million to a woman and her husband against both a collection agency and creditor. The collector had called the woman repeatedly at home and work, and made death and bomb threats. She, fearing for her own and her husband's safety, had actually moved out of town. (Driscol v. Allied Adjustment Bureau, Docket #92-7267 (El Paso, TX 1995). See More Cases For Yourself By Clicking Here.

Very Important: Use of the following letter may cause a creditor, attorney and/or collector to file suit against a consumer simply because they may not have any other way of resolving and or dealing with the alleged debt. Stand Up For Your Rights!

                            THE FOLLOWING LETTER WAS SENT TO A COLLECTOR

From:_______________________

Date:____________                                                   Certified Mail #:___________

Personal & Confidential
To:___________________

Dear __________________:

I have been made aware of the laws pertaining to credit and collections and therefore am notifying you that under the provisions of Public Law 95-109 and 99-361, know as the Fair Debt Collection Practices Act, that your services are inappropriate to the issue between the alleged creditor and myself.

You and your organization must cease and desist all attempts to collect the above referenced matter. Failure to comply with this law will result in my immediately filing a complaint with the Federal Trade Commission, the State Attorney General's Office, and/or any and all appropriate Federal, State and Community Agencies or Departments. I will pursue all criminal and civil claims against you and your company if you violate my Rights. You may no longer phone or write to me concerning this matter as I will be dealing directly with the alleged creditor.

If any Negative Information is listed/placed on my Credit Bureau Report(s), I will be forced to file suit against the involved parties as well as you and your organization, both personally and corporately, to seek any and all legal remedies available to me by the law.

Sincerely

______________________________