Sunday, September 27, 2009

The Bill Collector Letter That Finally Gets Rid of Them

By Sean Payne

You know that feeling you get when a letter from a bill collector comes in the mail? The cold feeling you get when you realize that you owe money that you can't repay? And after that, the endless telephone calls and letters demanding that you pay money that you don't have?

Now is the time to turn the tables on those debt-collecting predators. It's time to know your rights and to use them.

A Federal law known as the Fair Debt Collection Practices Act (also known as the FDCPA) tells you exactly what a debt collector can and can't do to collect a debt from you. The FDCPA puts hard limits on exactly how a debt collector can contact you.

For example, a debt collector cannot call you at work except to find out the telephone number to call you at home. They cannot inform other people, including your employer, about the debt you owe.

In addition, debt collection agents can't continue to call or contact you about your debt if you tell them that they can no longer do so. And that is what we're going to learn about how to do.

The magic debt collector letter consists of two parts:

The first is any identifying information for you. This would include your name, home address, and account number for the account in question, as well as any other information they will need to identify you as the account holder for the debt in question.

The second thing is to state that you wish them to cease further communication with you.

These two steps are all that the FDCPA requires from you in order to keep the debt collector from further harassment. The only way the debt collector is allowed to contact you in the future is to let you know that they will stop contacting you, and if they intend to pursue legal action to collect on the debt.

When you send your bill collector letter, you'd be wise to mail it via certified mail. Make sure to request a delivery receipt, so that when the debt collector get the letter, you'll receive notification that they've gotten it. Make sure that you save the receipt in case you have to prove that they actually got the letter.

According to the rules of the FDCPA, if the debt collector continues to contact you in the future, they're in violation of the law. You then have the right to report them to the FTC, which is the agency that actually enforces the FDCPA. After you've notified the FTC about the legal violation by the debt collector, the FTC can take legal action against the debt collector on your behalf.

Be aware that even after you notify the bill collector of your wish not to be contacted, they still have the option of pursuing legal action against you. This letter is only intended to shield you from being harassed by bill collectors. It cannot protect you against a lawsuit filed by the bill collectors in an attempt to collect on a debt. - 23210

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