How to Stop a Collector When Fixing Your Credit
A collector may have reached out to you. Credit repair expert Jim Kemish talks about some of the powerful legal rights you have under the Fair Debt Collection Practices Act to stop debt collectors and take back control of the situation.
Your 30-Day Period
Have you gotten a notice to pay up? Don't let it go! When you get your first collection notice, you have a chance that you shouldn't miss. If you dispute the debt within 30 days of receiving notice, the collector has to stop all collection efforts while he looks into your claim. He can't try to collect until he gives you proof that you owe the money. During this time, the debt might not show up on your credit report either. If you don't respond within 30 days, the Fair Debt Collection Practices Act says that you have given up your right to ask for an investigation (FDCPA). This is a very important right that could help you if you have any doubts about the debt. Do you have a plan to fix your credit? Debt validation is included in the services of the more complete credit repair programmes at no extra cost. Just send the collection notice right away to your credit repair company so they can respond within the time limit.
Validation of debts [15 USC 1692g] (FDCPA #809) (b) "If the consumer tells the debt collector in writing within the thirty-day period in subsection (a) that the debt or any part of it is disputed or that the consumer wants to know the name and address of the original creditor, the debt collector must stop trying to collect the debt or any part of it that is disputed until the debt collector gets proof of the debt, a copy of a judgement, the name and address of the original creditor, and a copy of the consumer's written request."
The letter to stop talking to someone
In some situations, debt collectors can be very rude and cause a lot of stress. Consumers often give in to the pressure to pay only part of what they owe, which hurts their food and housing budgets and makes things harder for them and their families than they need to be. If you're dealing with a high-pressure collector, you might want to stop talking to them. The FDCPA says that if a collector gets a written request to stop, they have to stop. If you are in a programme to fix your credit, they should be happy to write the "cease communication" letter for you and give you good advice.
Communication related to debt collection (FDCPA #805) [15 USC 1692c] (c) "Not talking to each other. If a consumer tells a debt collector in writing that they won't pay a debt or that they want the debt collector to stop contacting them, the debt collector can't talk to the consumer about that debt again, unless it's to: 1) tell the consumer that the debt collector will stop trying to get them to pay; 2) tell the consumer that the debt collector or creditor can use certain remedies."
In some cases, if the debt is big enough and the collector thinks you can pay, they may serve you with court papers. This could happen or it could not. Taking someone to court is expensive, and the results may not be worth it. No matter how a collector sounds on the phone, you can be sure that their decision to pursue your case or not will be based on logic. If you can't pay, you might decide to let it work out on its own. Always, the best thing to do is to talk to a qualified credit repair expert about the possible benefits and risks of any action.
Hire a Lawyer
The FDCPA says that when a collector finds out you have a lawyer, they have to stop trying to get money from you. Once a collector gets this notice, they must talk to the attorney about anything else. This method has a number of advantages. If you have the right lawyer, you might be able to make good defences. In the credit repair business, we often recommend this course of action when the debt is for a large amount of money or when the collector is very pushy.
Communication in connection with debt collection (15 USC 1692c) is the number 805 of the FDCPA. (a) "Without the prior consent of the consumer given directly to the debt collector or the express permission of a court of competent jurisdiction, a debt collector may not communicate with a consumer in connection with the collection of any debt; (2) if the debt collector knows the consumer is represented by an attorney with respect to such debt and knows or can easily find out such attorney's name and address, unless the attorney fails to respond withi
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