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Von Justinteema
vor 2 Wochen
ä ü ä .


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Von Curtisnic
vor 2 Wochen
Even with the time it takes to bring a lawsuit to trial and pay for an attorney, the debt collector might still feel that it’s in their best interest to move forward with legal action. No matter what size your debt is or its age, you should always be prepared for this response because there’s no way to know for sure what they will do. When sending a cease and desist letter, it’s important to follow a few simple guidelines. First, use firm, yet professional language. This is not the place to get personal. Include your full name, address, and account number, and be sure to reference the FDCPA. Once the debt collector has received your cease and desist letter, the FDPCA only allows them to contact you one last time via letter to let you know what action, if any, they will take. They’ll be less likely to abuse this federal law if they know that you’re fully aware of your legal rights.

You may also submit a complaint to the Consumer Financial Protection Bureau. After all, any contact beyond informing you of their next steps may expose the debt collector to both civil and criminal liability. Contacting a reputable expert early on in the process can potentially strengthen your case against debt collectors if they are indeed in the wrong. The free sample letter below can be used as a template when crafting your own cease and desist letter to debt collectors. Please note that this template does not constitute legal advice - it’s only a guide for you to use when drafting your own letter. Pursuant to my rights under the provisions of Public laws 95 - 109 and 99 - 361, known collectively as the Fair Debt Collection Practices Act (FDCPA) and other state and federal debt collection laws, I formally notify you to cease all communications with me regarding this alleged debt or any other alleged debts that you claim I owe. Additionally, if I’m contacted again after receipt of this notice, I will pursue both criminal and civil claims against you and your company for violation of the FDCPA. Please be aware that going forward, after I have confirmed your receipt of this notice, any communications from your company may be recorded to be used as evidence for my claims against you.

When you’re in debt and receiving constant phone calls from a debt collector, you might start to feel powerless. However, there is a way to end those annoying collection calls and letters you receive. If you want a debt collector to stop contacting you, Section 805 (c) of the Fair Debt Collection Practices Act (FDCPA) gives you the right to ask them to stop - and they must comply upon receipt of your letter. Find out whether a cease and desist letter is right for you, and read a sample letter to get you started in the process. What is a cease. You can send a cease and desist letter if you want the debt collector to stop calling you. It’s a form of written communication sent directly to the debt collection agency to formally request that they stop contacting you altogether in reference to your amounts owed. A cease and desist letter should include your personal contact information as well as your account number so that there is no confusion about what debt you’re referencing. Once the debt collector receives your letter, they may only contact you one more time regarding your debt.

Also, be advised that any negative information appearing on my credit reports pertaining to this account will be handled with the full legal rights and remedies available to me with regards to current consumer protection laws. There are other ways to minimize your interactions with debt collectors. One way is to request that they stop calling you at your place of employment. You should be able to make this request over the phone, and they are then legally required to comply. However, more aggressive debt collectors may ignore your request and continue to call. If it does happen, you should record the details of your initial phone conversation, including the name of the person you spoke to, their direct extension number, and the date and time of the call. Keep it on hand in case your request to stop calls at work is ignored. You can then take this information to a lawyer specializing in debt collection to determine your best next steps.

Another way to lessen the impact of calls to your cell phone is by employing a little modern technology. For example, if you block a debt collector’s phone number or disconnect your phone, you’ll likely raise a red flag for them to start contacting people you know and find out how to reach you. To get around this, it’s best to let the call go to voicemail if you don’t want to talk to the debt collection agency. Both iPhones and Androids have a feature allowing you to assign a silent ringtone to specific phone numbers. That lets your phone ring and go to voicemail when debt collectors call without having to hear it every single time. For landlines, consider silencing your ringer and then listening to your messages later to get in touch with people you actually want to hear from. There are many effective ways to handle collection agencies when you’re in debt. Cease and desist letters are a firm way to stop them from contacting you altogether. While other options are also worth exploring, understanding the purpose and function of cease and desist letters can help you avoid aggressive calls on a regular basis.

The first is that the debt collector decides to stop pursuing your debt altogether. Obviously, that would be an ideal scenario. However, the second potential outcome is that the debt collector could decide to file a lawsuit against you. So you don’t have to make the decision entirely blindly. It might be fairly obvious that collecting on the debt might not be worth their effort in some situations. That’s because it takes debt collectors time and money to sue someone and collect the money. If your debt is small or old (particularly if it’s nearing your state’s statute of limitations), then the debt collector might decide that the debt isn’t worth pursuing. On the other hand, when the debt collector receives your cease and desist letter, they may realize that they won’t receive any money from you unless they take more drastic actions. So there’s definitely a risk of provoking them, especially if you owe a large amount of money.


- https://nocollectioncalls.com
what to do if being sued by a debt collector

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