How to Stop Collection Agency Harassment

The cases of using unethical means to recover money from the debtors are on rise. In fact around 71,000 people filed harassment and abuse charges with the Federal Trade Commission last year. If you are not aware of how to stop collection agency harassment, you should go through this writeup.
How to Stop Collection Agency Harassment
A collection agency, also referred to as a debt collection agency, is a third party recovery unit, employed by financial institutions, with the sole aim to recover their money from the debtors. A collection agency hires individuals, often referred to as debt collectors, to remind or persuade the debtors to fulfill their obligations. Many a times, the methods used by these collection agencies or debt collectors tend to be annoying or harassing. In such circumstances, most of the debtors or consumers choose to suffer this unnecessary harassment. What we, as the consumers, fail to understand is that we don't necessarily have to undergo this harassment. The law constituted to ensure fair debt collection has provisions to stop collection agency harassment. It is very important to understand the Fair Debt Collection Practices Act before we move on to methods to stop collection agency harassment.

Fair Debt Collection Practices Act
The Fair Debt Collection Practices Act, abbreviated as FDCPA, is the most formidable legal weapon you can utilize to stop collection agency harassment. The Act is intended to wipe out unethical or abusive practices pertaining to the collection of consumer debts and promote fair debt collection practices. The Act covers important points which state that upon receiving a written notice from the consumer stating that he/she will not pay the debt and at the same time doesn't wish to communicate with the agency any more, the collection agency should cease trying to communicate with the said consumer by any means other than legal proceedings. The Act also states that the collection agency shouldn't call the consumer frequently with an intent to annoy or harass the consumer, and also cease communicating with the consumer at his/her workplace after being advised that this is prohibited.

Collection Agency Harassment
Harassment on behalf of the collection agency can be mental, like calling during odd hours, as well as physical, like using violent means. Even threatening using offensive language, falsely claiming to be law enforcement officers, or confronting the consumer, at odd hours or at odd place, is regarded as collection agency harassment. Consumers on their behalf should be aware of legal issues and various Acts, protecting the right of the consumers, in order to stop being harassed by the collection agency.

How to Stop Collection Agency Harassment?
The foremost thing, you will need to do so as to stop collection agency harassment is to send a cease and desist notice to the collection agency. According to the federal law, once the collection agency receives the notice on your behalf, clearly stating that they shouldn't contact you, they can't communicate with you by any other means except for legal proceedings. It is advisable to send a notarized letter, using a certified mail service. Make sure that the basic details, such as your name, phone number etc., are properly covered in the letter. If the collection agency persists to harass you with unnecessary calls or confrontation, you can go ahead and file a lawsuit against them.

How to Stop Collection Agency Calls?
In order to stop collection agency calls, you will have to send a cease and desist letter to the collection agency, clearly stating that they must stop calling you, and instead of calling, the collection agency can communicate through mails or legal proceedings. If you still continue to get calls from the collection agency, you are recommended to record your conversation with the collection agent. This recorded conversation will act as a proof of the collection agency violating the law with unethical practices. Politely request the collection agent to stop calling you. Mention about the cease and desist letter you sent to the agency. If required mention the relevant points from the Fair Debt Collection Practices Act. This will send a strong message about your seriousness relating to the issue of the frequent harassment that you are experiencing. Read more on stop creditors from calling.

You need to understand that aforementioned measures to deal with collection agencies are not the measures to avoid the debt you legitimately owe to the institution. While they stop the annoying antics to persuade you to repay the debt, you need to come up with a debt settlement with the creditor. Being aware of the various legalities relating to the issue, can help you in staying away from harassment and out of trouble.

By Abhijit Naik
Published: 9/11/2009
 
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