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7000 Peters Creek Rd., Roanoke, Virginia
1-866-260-5994 |
CCCS of Southwest Virginia |
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Collection Calls & Letters |
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A person recently told me that if you requested a creditor to stop calling you by law they would have to comply. My understanding is they cannot call you at work but they can call you at your home but not in a harassing way. What is correct and where can I find the actual facts?
- Tom
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Dear Tom,
Your source was correct. The Fair Debt Collection Practices Act requires a collector to cease contact after they have received a letter of request from the debtor. The only time a creditor will contact you after receiving the letter is to inform you that they intend to take some specific action.
You are also correct. Collectors are prohibited from harassment, making false statements or engaging in unfair practices. You can read more about the Fair Debt Collection Practices act by visiting www.ftc.gov.
It is very important to understand that a cease in collection practices does not forgive the debt. Continued nonpayment may result in the collector or creditor taking legal action.
Susan
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I have a bill in the amount of $345.00 that is seriously past due. The company has threatened to file a suit against me if I do not pay in full by a certain date. The problem is that I will not have the money and the person contacted me at work said they could not accept the bill in two payments. I was told by another source that if I paid something (like $100.00) then they could not file because I was making some effort to pay. I would like to know from a professional so I do not make matters worse. I thank you in advance for your time.
- Summer H
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Summer,
After seeing your efforts to repay, the creditor probably wouldn’t proceed with legal action. On the other hand, it is possible that they refuse the payment entirely and proceed with the suit. I wouldn’t take the chance. I recommend calling the company and explaining how and when you plan to repay the debt. If they agree to accept your $100 payment, they will want to know when they can expect the rest—tell them. If they do not accept your repayment plan, I recommend making every effort to repay according to their terms.
By the way, I applaud your efforts to repay the debt.
Susan
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Is there a Law against creditor harrasment by phone?
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Dear Harassed,
Yes, there are laws to protect consumers from harassment. For example, debt collectors may not:
use threats of violence or harm; publish a list of consumers who refuse to pay their debts (except to a credit bureau); use obscene or profane language; or repeatedly use the telephone to annoy someone.
However, what actually constitutes harassment would be up to the courts to decide, if you chose to sue a creditor for harassment. Some courts might feel what this creditor/collector has done is harassment while another court would consider those collection tactics a routine collection practice.
I recommend you visit www.ftc.gov. There, you can read the Fair Debt Collection Practices Act. It is located in the 'credit' category of the 'consumer protection' section.
Susan |
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It has been 2 years since my divorce from my husband. My ex-husband was to pay all bills as the courts stated in the divorce agreement. It also stated that I will remain harmless of all debts. I have now been receiving letters from companies asking for payment of debts. I can't even open a bank account in my new state of residence. The bank tells me I have bounced checks left and right. I haven't banked with that so called bank in 2 years!! I just don't know what to do. The car we once owned is in his possession. It also stated in the divorce agreement that he is sole owner of the car. He was to remove my name from the car with the DMV, but hasn't. He is now late on that and the lender is now after me. What do I do?
- Cheri
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Dear
Cheri,
Unfortunately, letters like yours are all too common. Divorce is such a difficult issue and it is a surprise to many to find out just how greatly it can impact your financial life.
I am sorry to tell you that your creditors are well within their rights in trying to collect the debts from you. A divorce decree does not cancel the original agreement you made when taking out the loans. Your best bet is to cooperate with your ex-husband and try to get the debts repaid. That way, you can both begin your new lives.
Good Luck,
Susan
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CCCS, A Division of Money Management International
Regional Headquarters - 7000 Peters Creek Rd., Roanoke, Virginia
Corporate Address - 9009 West Loop South, Seventh Floor, Houston, TX 77096 |
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