Stop Bill Collector Phone Calls

By: Timothy McFarlin | Published: April 23rd, 2010 | Category: Budget & Debts

Bill collectors are trained at getting you to hand over your money, even when you don’t have anything else to hand over.  They will try any tactic they can think of to get you to make any sort of payment, even after you have just explained to them your financial situation.  Collectors will call the home or work of the people they are trying to collect from.  These calls have a way of becoming more troublesome and annoying than the actual debt itself. 

When a person files for bankruptcy, all attempts to collect any debt gained before the bankruptcy was filed must stop.  This will take care of the annoying phone calls for money that come during all hours of the day.  Alternatives exist if a person wants to stop bill collectors from calling them but don’t necessarily want to file for bankruptcy. 

Hiring a credit / debt attorney can help alleviate bill collector sorrows.  Since an attorney may be appointed by their clients to handle their legal matters, attempts to collect money from the debtor can be forwarded to the attorney.  Don’t worry, this generally doesn’t flood the attorney with phone calls since most bill collectors know that asking an attorney for their client’s money is almost always useless. 

One has to understand that bill collectors are not legal professionals.  They are very often low level employees with no real understanding of bankruptcy or credit laws beyond what they are told by their employer.  They are trained to chase commissions and close accounts.  An attorney, on the other hand, is paid to be an expert in the law.  An attorney can not only advise their clients of possible actions to take against harassing bill collectors, they can also advise the bill collector that further violations of the law may result in very real legal consequences for them and their employer.  Again, this type of talk from an attorney has far better effect than the same type of talk from an average citizen with little to no legal background.     

Under the law a person may request that an agency stop contacting them by phone to collect debts even before they have filed for bankruptcy.  A collection agency must stop contacting a borrower by phone when requested, but the request has to be made in writing.  This law only applies to collection agencies or companies that are not the original holders of the debt.  Companies that hold the original debt may not be silenced as easy as third party collection agencies because of the way that federal law is written.  The good news is that various states have enacted their own consumer protection laws that seek to fill the void left by the federal Fair Debt Collection Practices Act.  It will be much easier to stop calls from collectors that hold the original debt in states like California because of strong consumer protection laws in place. 

Seek the advice of a professional attorney trained in this aspect of the law for state specific guidance.

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