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Most people don't know it, but there is a little-known section of the Fair Debt Collection Practices Act (FDCPA) that allows consumers to legally demand that creditors cease telephone and written communication related to debt collection. Thinking of myself as a rather astute person, I was shocked to learn that this section of the FDCPA even existed. As a matter of fact, I was made aware of this law while performing debt collection duties as a part of my job (quite ironic to say the least).

With so many people having jobs eliminated, salaries slashed and the cost of virtually everything rising, the last thing needed is a bunch of harassing calls and a mailbox full of threatening letters. I'm not saying that I approve of anyone shirking their responsibilities as a debtor, but as the saying goes, "you can't get blood from a turnip." After stumbling upon this information that could potentially help so many, I felt compelled to share it.

Simply put, Section 805 of the FDCPA states that if a consumer communicates in writing their refusal to pay a debt, or their desire for communications from the debt collector to cease, the debt collector must comply. From that point, the consumer may only be contacted one final time to inform him or her that 1) further collection efforts are being terminated, 2) the debt collector may invoke specified remedies which are ordinarily invoked, or 3) the debt collector will invoke specified remedies. It is always advised that if you choose to write a letter in accordance with this Section of the FDCPA that you send it via certified mail.

The average person doesn't even realize that a law like this exists. How many times have you seen those commercials from debt management companies that portray overwhelmed men and women hiding from the persistent ring of a debt collector's call? Of the many ads that I've seen, I can't recall one mention of the fact that if you simply write a letter asking them to stop calling, you can get relief.

Now it's important to note that mailing a letter will not make the debt go away, you'll just stop being bombarded with reminders of it. The psychological toll of receiving such communications is huge, and that's what taking advantage of this law can help restore. In a nutshell, you're telling your creditors to just get on with it, whatever "it" is. Most times in the case of unsecured debt, your credit score will suffer but court cases and wage garnishments are rare unless you agreed to such at the onset of a contract, as with payday loans.

Bottom line, it you're having trouble making monthly payments and you don't see the light at the end of the tunnel, the FDCPA does provide some level of protection by way of peace of mind. The stress associated with receiving repeated phone calls and letters can be eliminated, and your focus can be placed on getting back on your feet. For the full Fair Debt Collection Practices Act document, please visit http://www.ftc.gov/bcp/edu/pub s/consumer/credit/cre27.pdf

Learn more about this author, Sommer Winters.
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