Is there a way to stop creditors from harassing me?

Post Reply
David A. Szwak
Posts: 1974
Joined: Thu Jul 13, 2006 11:19 pm

Is there a way to stop creditors from harassing me?

Post by David A. Szwak »

Is there a way to stop creditors from harassing me?

Creditors and debt collectors have the right to contact you when attempting to collect on a debt. However, these communications are subject to the Fair Debt Collection Practices Act and, in some states, to state consumer protection laws that supplement the FDCPA.

If you want a collector to stop contacting you, you can send the collector a Cease and Desist letter demanding the collector stop all communications with you. This should stop all communication from a debt collector unless the collector or creditor files a lawsuit. In this case, the collector or creditor can communicate a notice of legal action to collect on a debt. Creditors or collectors often file a lawsuit after receiving a Cease and Desist letter, so most debt relief professionals advise against sending these letters.

Additionally, in most cases, collectors cannot contact you at work if they are informed that your employer disapproves of you receiving such calls at work. A collector who continues to call you at work after being informed of your employer’s disapproval may be in violation of the FDCPA.

Collectors, and in some states creditors, cannot harass, abuse, lie or treat you unfairly when attempting to collect a debt. If you suspect that a collector’s communication during their collection attempts becomes abusive, deceptive, unfair or harassing, you should consult an attorney with experience in responding to FDCPA violations.
David Szwak
Chairman, Consumer Protection Section, Louisiana State Bar Association
Bodenheimer, Jones & Szwak
509 Market Street, 7th Floor
Mid South Tower
Shreveport, Louisiana 71101
Fax 318-221-6555
Post Reply

Return to “Cease and Desist: Calling Off the Debt Collection Dogs: How Do You Do It?”