When you are struggling with debt, you likely are tired of getting calls from creditors. It seems like they can call at any time, all the time. You are more than tired of having the phone ring during dinner. Yet, debt collectors do have limits about how they can contact you.
First, they can’t call you before 8 a.m. or after 9 p.m. They also aren’t supposed to call you incessantly, or when you’ve told them it is a bad time to call.
Curbing collection calls
If you are tired of multiple collection calls, you can ask that creditors only communicate with you via mail. That also allows you to have a written record of when creditors contact you.
You can hang up on calls from creditors too. If you do this repeatedly and ask for communication via mail and creditors continue to call, they are in violation of the Fair Debt Collection Practices Act.
Another method to cease debt collection calls is to send a cease-and-desist letter to your creditors. You only can do this with a third-party collection agency, not the original company you owe money to. An attorney can help you draft a cease-and-desist letter. You need to send it via certified mail, so you have a record of when you sent it and when the collections agency received it.
Finally, if you feel overwhelmed with debt, one of the advantages of seeking bankruptcy is that it stops creditors from contacting you.
Bankruptcy and collection calls
The Fair Debt Collection Practices Act prohibits creditors from contacting you—by phone or by mail—when you file for bankruptcy. This protection continues when your debts are discharged. You shouldn’t hear from any creditors about debt collection during your bankruptcy or after it.
Sometimes, the only way to keep creditors at bay is by threatening legal action. Working with a bankruptcy attorney can help you stand up for your rights and avoid harassment for creditors. With that stress gone, you can focus better on rebuilding your future.