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It often starts with threatening, annoying, and embarrassing phone calls at your home or office. Then collection notices begin flooding your mailbox making you nervous every time the postal courier delivers your mail. Anyone who has had the unfortunate experience of dealing with debt collectors is all too familiar with these tactics. But you have rights and there are limits to how far these companies can go to force you to pay your debts.
The most powerful law protecting consumers from harassment is The Fair Debt Collection Practices Act (FDCPA). This law governs the actions of all third party debt collection companies, meaning companies that are collecting for or have purchased the debt from the original creditor. If you find yourself dealing with a debt collector at the very least familiarize main points of the FDCPA.
So how do you stop the harassment? Here are some steps you can take:
1. STOP THE PHONE CALLS
The first think most people want to do is stop the phone calls. The FDCPA gives the consumer the right to stop all communication from the debt collector or limit the type of communication the debt collector can use. In many cases the best choice is to demand that all communication be done in writing so you can establish a paper trail to protect yourself in the event of a lawsuit. This is done by sending a limited "cease and desist" letter stating that phone calls are inconvenient for you at any time and all communication needs to be in writing. Some good examples of "cease and desist" letters can be found at creditboards.com.
2. ATTEMPT TO PAY OR SETTLE THE DEBT
Once you have limited all communication to writing you need to decide if the debt is truly yours, if the debt is valid, and if you can afford to pay. According to the FDCPA debt collectors must prove to you the debt is valid and that they legally own it or are authorized to collect it. When you send the "cease and desist" letter you should also ask that they provide you with "validation" of the debt.
If you agree that the debt is valid many times you can attempt to settle the debt for less than the full amount. Again, this should be done in writing. Settling the debt or paying in full will stop future collection activities and end the harassment.
3. REQUEST HELP FROM OUTSIDE AGENCIES
If you have a particularly aggressive or abusive debt collector sometimes it is best to turn to an outside agency for help. The two most common groups to contact are the local Better Business Bureau office and your State's
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