Stop those pesky collections from interrupting your life!
There’s nothing more annoying than coming home after a long day of work only to be bothered by pesky collection companies. They call your home, your relatives, and workplace. They flood your mailbox with their notices. This kind of treatment can leave you drained and stressed. Often you might think you’ll never be able to get out of this mess. Well I’m here to tell you, you can stop collection harassment today!
First, you must know your rights. Instead of of dodging the calls only to be pestered later on, confront them. There is an easier way to deal with the calls and mail rather than just ignoring them and hoping they’ll go away (they won’t).
Know Your Rights
According to the Fair Debt Collection Practices Act (FDCPA) there are a certain standards that collectors must comply with when attempting to collect your debt. If a collector violates these standards, the collection company may be subjected to a fine, removal of account, or a cash settlement for the consumer.
- Collection companies are prohibited to call before 8am or after 9pm
- Cannot call you at work if your employer doesn’t allow
- Collection companies cannot lie
- Cannot use obscene language or insult you
- Cannot make demands to pay more than the debt owed
- Cannot pretend to be an attorney
- Cannot claim the papers they send you are legal forms if they are not
- Cannot threaten to sue unless this threat is followed up
Pay the debt if you know you owe it and you can afford it
The first time you speak to the collection company, you can get a good idea of where the debt is from and how much is owed. If you know the debt is yours, and you can afford it, feel free to go ahead and pay it off. This will get you out of debt and stop collection harassment. If you think the debt is not yours, is a wrong amount, or simply cannot pay it, then you will want to start with a cease and desist letter.
Cease and Desist Letter
After talking to the collection company and telling them you cannot/will not pay this debt, they will continue to contact you whether it be by phone, mail, email, you name it. Your first step to get this burden off of you is to write them a cease and desist letter. When collectors receive a cease and desist letter, they must stop contacting you for the debt. Send the letter certified mail with a return receipt. This will give you the documentation needed to show the collector had received your letter.
Now the collector may only contact you to acknowledge that your letter had been received, or to inform you that they will be suing you for the debt. The phone calls and excess mail will stop now. Do you feel that? that’s the stress starting to lift already (but it’s not over yet!) Just because you are not longer falling victim to collection harassment, does not mean the debts are gone.
If you need a Cease and Desist letter format, download one from us for free here!
What if I don’t owe any money?
IF you feel that the debt is not yours, or that the amount is incorrect, send the collection company a letter stating so. These letters must be sent 30 days after you receive the validation notice. If the collector responds with a verification of debt (like a copy of the bill) they may begin to contact you again. If this happens it will not stop collection harassment, and you may have to send them a cease and desist letter (See Above)
What happens if I don’t pay the debt?
Aside from this account sitting on and destroying your credit, if the debt remains unpaid the collector can file a lawsuit against you. This can results in a judgment being entered against you by the court. After you get hit with a judgment, your wages may potentially be garnished either from your bank or your paycheck.This ordeal is court ordered and will continue to happen until the account has been paid off.
Judgments are serious! If you receive a summons, make sure you respond to it either through your attorney or personally.
Better Qualified legal help
Instead of going through the hassle to get an attorney, Better Qualified has a legal team to work with your collections as soon as you enroll to stop collection harassment. Our attorneys will send out validation of debt letters and look for violations in the collection accounts. If violations are found, the collector accounts will be removed, erased from your credit report, and you may be subject to a cash settlement. It’s all included in your service with Better Qualified!