Aloha and Welcome. My name is Marty Berger, a local attorney and the owner of Hawaii Debt Solutions, a full service company created to help people get a fresh financial start.
Today i am going to talk about how you can stop collection agent calls. First I’ll What type of collection agent calls you can stop. Then how you can stop them and finally what happens after you have stopped them.
First. type of calls you can stop fall under a law called the fair debt, or the fdcpa for short. The fdcpa lays out what a collection agent can do, what they cannot do and the penalties they can pay for violating this law.
The 2 big exceptions to the law. The first is business debts. However, this is often not a problem since small business debts are often paid for with personal credit cards so the creditor is often unaware of the difference. The other that original creditors are not restricted by the fdcpa. For instance if you get a cc from a bank and the bank tries to collect, that is not covered. However, once they hire a collection agency, the law applies.
The best way to stop collection agent calls is to simply write what is called a cease and desist letter and send it to the collection agent. Once the collector receives your letter, they're allowed one final contact to let you know what action, if any, they will take next.
The letter can be surprisingly simple and there are many templates on the internet - just google collection agent cease (spelled cease) and desist letter. The next time you get a collection agent call ask them for the name of the company they work for, the mailing address and the account number. And plug that into the letter.
In the letter I do not want you to explain why you can’t pay the debt, how you plan on paying it in the future or even admit you owe the debt. Don’t ever admit you owe the debt until there is a specific reason to do so.
Send it certified with a return receipt requested so you know the company received it.
This letter will only apply to the current collector. If the debt is sold you will need to send another.
From that point on, the calls should stop and next time you hear from them is if and when they sue you.
If the calls don’t stop, they are violating the law, you can sue them. I have a separate video on how to make collection agents pay for violating the law.
The real problem here is that if you are getting these calls from more than one creditor, it is indication that you are in a deep financial bind.
Sooner or later, as we discussed, these companies are going to sue you and win. And when they do, they will garnish wages and seize bank accounts.
If you think you are about to be sued or have been sued, you need to contact an experienced lawyer immediately or you risk losing a big chunk of what money you do have.
If you would like a free no obligation consultation to discuss your situation, you can call me, email me, or fill out the form on this page. Over the last 25 years I have helped thousands of people get a fresh financial start
Finally, as you know, the covid crisis has become a financial crisis for many local people. As a result, I expect to be seeing a very large increase in my workload. I want to help everyone but soon I simply won't have the time, so please reach out now if you need help with your debt.
Thanks and have a great day.
Debt collectors. They are rude, intimidating and ruthless, threatening lawsuits, wage garnishments and seizures of bank accounts. They call day and night, every day and every night. And they often break the law, specifically a set of laws called the Fair Debt Collection Practices Act (FDCPA). I could tell you about all the actions you could take if they violate the law, but I suspect you don’t have the time or energy for that. What you really want to know is how you can stop them from calling.
The best way is to merely write them a letter. But not just any letter – a cease and desist letter. Under the FDCPA, collection agents must stop calling you once they receive this letter. There are several templates you can find online – just google “collection agent cease and desist letter”.
Unfortunately, many collectors will ignore the law and continue calling anyway. What should you do then?
Contact an attorney. Once you are represented, they cannot call you. If they do, lawyers can sue them and get money if the violations are bad enough.
Ultimately though, this only delays the inevitable – some of these companies will sue you and then seize bank accounts and garnish wages. In order to prevent this kind of financial catastrophe, it is essential that you contact a lawyer before you have been sued. If you feel you are about to be sued, or even worse – have already been sued, contact me immediately for a free no obligation consultation to learn what your options are.
I have helped thousands of people over the last 25 years to get a fresh financial start and I expect I can help you as well.
Finally, as you know, the Covid crisis has created a financial crisis for many local people. As a result, soon all of the qualified lawyers in town are going to be very busy and may not have time to help everyone they want to help, so if you know you’re in trouble I urge you to talk to someone as soon as you can.
Thanks and have a great day.
Feel the freedom of not having to worry if the unknown caller is a debt collection agent.