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Creditor HarassmentBecoming Debt Free: Know Your Rights With CreditorsAre you being harassed by collection agencies? A creditor has the right to contact you when you fall past due on a debt owed to them. However, you have rights if you feel you are being treated unfairly by a debt collector. Your rights are protected under the Fair Debt Collection Act. Credit counseling services can help you understand your rights with creditors, as you take your first steps in becoming debt free. How can I protect myself from harassment? Asking a collector to stop calling should be effective in most cases. However, a Cease and Desist letter can be sent to third party collection agencies. The Cease and Desist letter will prevent a collection agency from calling you. Once the letter has been received, they may not contact you again except to say there will be no further contact or notify you that a specific action will be taken. Can I send a Cease and Desist letter to my creditor? You may not send a cease and desist if the debt is still owned by the original creditor, such as a bank or credit card. Cease and desist letters may only be sent to a third party, such as a collection agency or attorney. Family Credit Management Service has certified credit counselors trained to intervene with your creditors to stop collection calls, if you need help to start the process of becoming debt free. Fair Debt Collection Practices Act The Fair Debt Collection Practices Act protects debtors from unfair debt collection processes. The Act ensures you are treated fairly and prohibits certain methods of debt collection. The Collectors (both original and third party agencies) are unable to:
A debtor has the right to sue a collector in a state or federal court within one year from the date of the violation. If a suit is favored by the debtor you may recover money for damages, court and attorney costs, plus an additional amount up to $1,000. A group of debtors can sue and recover funds for damages up to $500,000, or 1% of the collector’s net worth, whichever is less. Any problems or concerns can be reported to your state’s Attorney General’s office, the Federal Trade Commission, and/or the American Collectors Association or local State Bar Association. Please be advised, that while a creditor may not call and harass you anymore, they still have the right to pursue the debt. However unlikely, they may still file suit in an attempt to collect the debt. Although Cease and Desist is a valuable tool, it should only be used when absolutely necessary. Where Can I Find a Sample Cease and Desist Letter? You may download this sample letter [PDF - 38K] You may also download our cease and desist brochure [PDF - 523K] For further information about credit counseling services, or to request a brochure, you may contact one of the certified credit counselors at Family Credit Management Service by calling 1-800-994-3328.
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