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KNOW YOUR RIGHTS ABOUT CONSUMER DEBT COLLECTIONS
STOP ANNOYING COLLECTIONS COMMUNICATIONS
Are unwanted collections telephone calls/communications invading your positive space? Are you avoiding answering the telephone out of fear of having to deal with yet another debt collector?
You can legally stop annoying collections telephone calls and communications by sending a simple letter with delivery confirmation?
***Note: this may force a creditors hand to send one last written communication under the law to advise you that they will terminate further collections efforts or that they may or intend to invoke specified remedy.
THE FAIR DEBT COLLECTION PRACTICES ACT
As amended by Public Law 104-208, 110 Stat. 3009 (Sept. 30, 1996
§ 805. Communication in connection with debt collection [15 USC 1692c]
(c) CEASING COMMUNICATION. If a consumer notifies a debt collector in writing that the consumer refuses to pay a debt or that the consumer wishes the debt collector to cease further communication with the consumer, the debt collector shall not communicate further with the consumer with respect to such debt, except --
(1) to advise the consumer that the debt collector's further efforts are being terminated;
(2) to notify the consumer that the debt collector or creditor may invoke specified remedies which are ordinarily invoked by such debt collector or creditor; or
(3) where applicable, to notify the consumer that the debt collector or creditor intends to invoke a specified remedy.
If such notice from the consumer is made by mail, notification shall be complete upon receipt.
(d) For the purpose of this section, the term "consumer" includes the consumer's spouse, parent (if the consumer is a minor), guardian, executor, or administrator.
Sample letter to stop collections phone calls/communications:
Your Name Here
123 Easy St.
Carefree, AZ 11111
January 4, 2013
ABC Collection Agency
18700 North West Walker Rd.
Phoenix, AZ 10101
Re: Your REF #________________
In accordance with the FAIR DEBT COLLECTION PRACTICES ACT, accept this as our formal request that you cease all attempts at communication with us. Any further attempts to communicate regarding this matter will be considered a direct breach of our rights under the law.
Thank you for your attention to this matter.
Sincerely,
__________________________________
J. Q. Public
STOP DEBT COLLECTIONS THAT ARE PAST STATUTE OF LIMITATIONS
Check to see if the alleged “debt” is past the statute of limitations or “time barred” in your state, which may make it uncollectable by law. In this case, they cannot sue you but can continue collections efforts via phone and mail.
The collector can continue to contact you to try to collect, unless you send a letter to the collector demanding that communication stop. Not paying a debt may make it harder, or more expensive, to get credit, insurance, or other services because not paying may lower your credit rating.
Refer to above notes and sample letter to STOP ANNOYING COLLECTIONS COMMUNICATIONS.
Be careful not to “reset the clock” and revive the alleged “debt”. The date of your last payment usually starts the clock ticking.
FEDERAL TRADE COMMISSION ON TIME-BARRED DEBT
Understanding Your Rights When It Comes to Old Debts
CLICK HERE TO CHECK YOUR STATE STATUTE:
Sample letter to notice creditor of time-barred debt:
Your Name Here
123 Easy St.
Carefree, AZ 11111
January 4, 2013
ABC Collection Agency
18700 North West Walker Rd.
Phoenix, AZ 10101
Re: Your REF #________________
To Whom It May Concern:
I am in receipt of your notice dated February 21, 2012 regarding your above Reference #__________________ and your Client ABC CREDIT CARD COMPANY.
I do not acknowledge your Client, the alleged “creditor” or the validity of the alleged referenced “debt”. The “account number”/information you listed appears to belong to a very old matter that is past the statute of limitation for collections and is now legally time-barred. The validity of that matter may also have been previously and properly disputed under the law. Requests for specific accounting and general ledger documentation, among other things, may have either been ignored or adequate validation was not provided.
In accordance with THE FAIR DEBT COLLECTION PRACTICES ACT § 805. Communication in connection with debt collection please cease further communication regarding this matter except (c)(1) to advise the consumer that the debt collector's further efforts are being terminated.
____________________________
John Q. Public
CC: Consumer Response Center
Federal Trade Commission
Washington, D.C. 20580
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