How To Stop Debt Collector Harassment – 5 Steps To Take
Are you one of the victims of debt collector harassment? Wondering how to stop debt collector harassment? Thanks to the Fair Debt Collection Practice Act (FDCPA), you are protected from such irritating and abusive practices. The majority of debt collectors are aware of this and follow the federal statute. However, some debt collectors go beyond the call of duty and engage in debt collector harassment. As a result, understanding what to do in such situations is critical.
Here are five steps on how to stop debt collector harassment.
1. Knowing Your Rights is the First Step on How to Stop Debt Collector Harassment
When dealing with law enforcement officials, most people are well-informed about their rights; nevertheless, when dealing with debt collectors, they appear to be clueless. As a result, it’s critical to remember that the FDCPA protects you as a borrower. The law protects you against debt collector harassment by laying out when, where, and how debt collectors may contact you and how to stop them.
If a debt collector is harassing you, the law permits you to write a letter to the debt collector requesting them to stop the harassment. It must adhere to your written request for no contact under the FDCPA. If this does not happen, you have the right to file a complaint with the Federal Trade Commission.
You should be aware that you can request to cease communication and prohibit debt collectors from contacting you. However, prior to doing this, you should find out the following from the debt collector:
- Identity of the debt collector, including name, address, and phone number;
- The amount of the debt, including any fees such as interest or collection costs;
- What the debt is for and when the debt was incurred;
- The name of the original creditor;
- Information about whether you or someone else may owe the debt.;
Keep in mind that while the debt collector is required to stop harassing or even contacting you in any way, it has the option of filing a lawsuit against you, which could exacerbate the matter.
2. Documenting All Contact and Misconducts is a Crucial
Step in How to Stop Debt Collector Harassment
When interacting with debt collectors, it is common for them to take notes. Make sure you do the same by keeping track of all prohibited activities. Keep in mind that any violation of the FDCPA in the interaction should be well-documented. The information you obtain from your interaction with any harassing debt collectors can be utilized to develop a solid case. It may even improve your likelihood of victory in a lawsuit if you are likely to pursue it.
It’s good to have a witness present when speaking with a debt collector over the phone or any other form of interaction. You can also record your conversation with the debt collector. In Mississippi it is permitted to record an oral or electronic conversation so long as one party knows; however, it is best to ensure that the debt collector has consented.
In general, take written notes and keep a record of everything, including:
- The day and time they called you.
- Their name as well as the name of the debt collection agency.
- The phone number they contacted you from.
- The telephone number they dialed.
- An overview of the interaction.
- If they left a voicemail.
3. File a Complaint With the Relevant Authorities
Another approach on how to stop debt collector harassment is to file a complaint with your state’s agency, Consumer Financial Protection Bureau or with the Federal Trade Commission. Submitting a complaint to these relevant bodies is a perfect idea. You should be sure to include all the details as mentioned earlier in the second step, along with copies of the collection and original creditor.
In most circumstances, filing a complaint will help you free yourself from harassment since it will create a concern for the debt collection agency to consider canceling the debt if you drop the lawsuit. By having your debt canceled by a debt collection agency, you can get a perfect result, such as avoiding potentially lengthy court proceedings, the debt, and eventually the harassment.
4. Hire a Debt Collection Harassment Attorney
If an abusive debt collector has pushed you to your limit, hiring a debt harassment attorney is a smart decision. Legal advice is beneficial in such a scenario since it will ensure that you do everything in line with the law. An experienced debt collection harassment attorney will inform you of your rights and how you can stop debt collector harassment. They may even file a lawsuit against the debt collection to ensure your situation is perfectly solved.
5. Sue the Debt Collection Agency for Harassment
Once you’ve hired an attorney, you can file a lawsuit against the debt collector. However, this approach is only recommendable if a debt collector is extremely harassing you. Your attorney should give you sound legal advice since if you lose the case, you risk paying the debt collector’s court expenses and attorney’s fees.
It’s worth remembering that the FDCPA is a strict liability law, which means you don’t have to prove any actual losses. The law allows you up to one year from the start of the harassment to sue for damages in the state or federal court. Suing a debt collection agency can earn a monetary reward plus compensation on the lawyer’s cost as well as the losses you may have incurred while trying to change your phone number due to the harassment.
If a debt collector is harassing you, don’t give in. There are so many effective approaches on how you can stop debt collector harassment. Take these steps to relieve yourself of the headache of abusive acts from a debt collection agency. If a debt collector is getting on your nerves, feel free to contact us for legal advice.