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Thursday, October 1, 2009

The Bill Collector Letter That Shuts Them Up

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?

It's time to assert yourself. It's finally time to discover what your rights are, and to exercise 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.

Additionally, collection agents cannot call you or contact you in any other way if you inform them that they may no longer do so. That's all we're going to learn how to do.

The magic debt collector letter consists of two parts:

The first thing is your identifying information. This includes your name, address, account number of the debt that the bill collector is trying to collect on, and any other information that they need to identify you.

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 this letter, it's always good to send it by certified mail with a delivery receipt requested. The delivery receipt lets you know that the debt collector actually received the letter. Make sure that you keep this receipt in case you ever have to prove that they received the letter.

By the rules of the FDCPA, if the debt collector contacts you anytime after they get the letter, they're in violation of the law, and you have the right to report them to the FTC. The FTC is the Federal Trade Commission, and is the agency that enforces the Fair Debt Collection Practices Act. After you've notified the FTC about the collector's violation of the FDCPA, they can take legal action against the bill collector.

Keep in mind that even after you let the debt collector know about your desire not to be contacted, they still can pursue legal action against you to collect on the debt. This handy letter can only protect you from being harassed by debt collectors. It can't keep you from being sued by the debt collectors if they still want to collect on the debt. - 23310

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