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Monday, September 28, 2009

The Bill Collector Letter That Shuts Them Up

By Sean Payne

Remember that feeling you got when the letter from the bill collector came in the mail? Remember the cold feeling in your gut when you realized that you owed money that you couldn't repay? And after that, the phone calls and additional letters hounding you for the money that you knew you didn't have.

It's time to turn the tables. It's time to learn your rights and to exercise them.

The Fair Debt Collection Practices Act is a Federal law that outlines what debt collectors can and can't do to collect debts from you. The Act, also known as the FDCPA, puts definite limits on when and how these debt collectors can contact you to collect.

An example of what a debt collector can't do is to call you at work, unless they're doing it to find out a telephone number to call you at your house. They're also not allowed to inform other people, such as your employer, about any debts that you owe.

Also, debt collectors can't call you or continue to contact you if you tell them that they aren't to do so anymore. That's what we're going to learn to do.

The magic letter to bill collectors is made up 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 tell them that you want them to cease communicating with you in any way.

These two things are all that the FDCPA requires that you do to keep the debt collector from harassing you or contacting you in the future. The only correspondence that the debt collector can send you in the future is a letter that says they will cease contacting you, and whether they're going to pursue any 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.

According to the FDCPA, if the bill collector contacts you in the future in violation of the law, you have the right to report the bill collector to the FTC. The FTC is the Federal Agency that enforces the FDCPA. Once you have notified the FTC of the bill collector's violation of the law, they can pursue 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. - 23311

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