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Tuesday, September 29, 2009

The Bill Collector Letter That Shuts Them Up

By Sean Payne

Do you remember the feeling you get when a letter from a bill collector shows up in the mail? The queasy feeling you get in your guts when you're told that you owe money that you are unable to repay? And later on, when the phone calls and letters hound you for money that you don't have?

Now is the time to turn the tables on those debt-collecting predators. It's time to know your rights and to use them.

A Federal law known as the Fair Debt Collection Practices Act (also known as the FDCPA) tells you exactly what a debt collector can and can't do to collect a debt from you. The FDCPA puts hard limits on exactly how a debt collector can contact you.

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 that sends bill collectors running consists of two things:

The first is your identifying information. This consists of your name, your address, any debt account numbers for the debt that they're trying to collect, and any other info they may need to positively identify you as the debt account holder.

The second part is to let them know that you want them to stop communicating with you, period.

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.

Be aware that even after you notify the bill collector of your wish not to be contacted, they still have the option of pursuing legal action against you. This letter is only intended to shield you from being harassed by bill collectors. It cannot protect you against a lawsuit filed by the bill collectors in an attempt to collect on a debt. - 23212

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