Many consumers ask me how they can stop debt collectors from calling. My answer to that question is usually to not do anything to stop debt collectors from calling — yet. Before you act on the problem you should first consider the solutions and ramifications of taking certain actions.
Consult a Consumer Protection Attorney
If the debt collector is abusive, harassing, or treating you in an undignified manner your first step should be to discuss the matter with an experienced consumer protection attorney. He can evaluate your case, advise you how to handle the debt collector, and can help you sue if the facts of your case merit doing so. A good consumer rights lawyer can not only stop debt collectors from calling but can even make an abusive debt collector pay you money. On the other hand, failing to contact an attorney can result in waiving your legal rights or limiting your legal claims. Acting too quickly without the proper guidance can also provide the debt collector an opportunity to destroy evidence of the unlawful actions it has taken against you. Your best course of action to stop debt collectors from calling you is to contact a consumer rights lawyer and follow his instructions.
Consider Debt Settlement
When deciding whether or not to stop debt collectors from calling you please also consider whether or not they are treating you in a fair, honest, and dignified manner. If so, and the debt is legitimately yours to pay, you should consider working with them to resolve the debt. They may offer a good settlement that you can afford. Again, however, you should consult with a consumer protection attorney before taking any settlement with a debt collector so you don’t inadvertently pay a debt you are not legally required to pay.
Gather Information to Help You Stop Debt Collectors
Before you stop debt collectors from calling, you should use the debt collection telephone calls to gather information from the debt collector. First, find out who is calling and don’t trust the caller ID. Ask the caller his name, company name, and company address. He will probably lie or hang up on you but ask anyway and write down the answers and anything else the collector says or does. Take detailed notes of each and every call either during the call or at least as soon as the call ends. Write as many details as possible but especially note any threats, profanity, lies, or promises the collection agency makes. Take a picture of the caller ID to preserve the date, time, and phone number of the call. Good records will be critical for future use.
Never Acknowledge the Debt
When you speak with debt collectors it is important for you to never admit you owe the debt. Don’t lie, but don’t admit anything either. Simply decline to answer any questions about the debt. If you do acknowledge the debt you could lose your legal rights and actually reset the time period in which the debt collectors can attempt to collect the debt.
Conclusion
Inexperienced attorneys, unscrupulous credit repair agencies, and endless Internet forum discussion boards will incorrectly advise you to notify the debt collector in writing to stop the debt collector from calling you. An experienced FDCPA litigation attorney will caution otherwise. Doing so can trigger a loss of your legal rights and destruction of evidence. Instead of harming your case with bad advice, you should first contact an experienced and knowledgeable consumer rights attorney who can properly advise you of the best course of action for your individual situation. Feel free to call us at 801-297-2494 if you need assistance in making a debt collector stop calling you. Self-help is not the best course of action if you are being abused or harassed by a debt collector.