Can you tell a debt collector to stop contacting you?
You have the right to tell a debt collector to stop contacting you. If you ask a debt collector to stop all contact – regardless of the communications channel – the collector must stop. Keep in mind, though, that you may still owe the debt.
Disadvantages of Getting Debt Collectors to Stop Calling
The debt collector might add interest charges to your balance or even attempt to sue you. If you ignore a court summons from a debt collector, you could lose a credit card lawsuit by default and have your wages garnished.
How do I stop a debt collector from contacting me? Mail a letter to the collection company and ask it to stop contacting you. Keep a copy for yourself. Consider sending the letter by certified mail and paying for a “return receipt.”
If you are struggling with debt and debt collectors, Farmer & Morris Law, PLLC can help. As soon as you use the 11-word phrase “please cease and desist all calls and contact with me immediately” to stop the harassment, call us for a free consultation about what you can do to resolve your debt problems for good.
Number of times a debt collector can call before it is considered harassment. According to the CFPB's recently-established Debt Collection Rule, if a particular debt collector calls more than seven times in seven days to try and collect on a debt, they are deemed to be in violation of the law and are harassing you.
As of late 2021, the federal Fair Debt Collection Practices Act (FDCPA) limits the number of times a debt collector can call you. In a nutshell, the collector can't call you more than seven times in seven days or within seven days after talking to you about the debt.
The 7-in-7 rule explained
Collectors are permitted to place a call to the consumer about a particular debt seven (7) times within a period of seven (7) consecutive days, so long as no contact is made with the consumer in any of the attempts.
The statute of limitations on debt in California is four years, as stated in the state's Code of Civil Procedure § 337, with the clock starting to tick as soon as you miss a payment.
A debt collector is not allowed to place more than seven (7) calls to a consumer within a seven (7) day time span. Time Constraint: A debt collector is now allowed to get in touch with a consumer before 8 am or after 9 pm local time.
According to the Federal Trade Commission, a debt collector may almost certainly call you more than once, but six calls per day is probably too many. Between these extremes, it depends on the facts of your particular case.
Can debt collectors curse at you?
Under the FDCPA, third-party debt collectors cannot use profane or obscene language. They cannot threaten you with violence or other criminal acts.
Under the FDCPA, any communication from a debt collector is required to disclose their identity. This means they must state their name, the name of the collection company and their phone number. Additionally, they must state that the communication is being done to collect a debt.
Send a 'drop dead' letter
You have the right to ask them to stop contacting you. To do so, you can send what's sometimes referred to as a “drop dead letter” — a written notice to the debt collector informing them you want no further contact. By law, debt collectors are required to follow this request.
If you think a debt collector has violated the FDCPA, you can sue them for damages. If you prove a violation occurred, you may be awarded $1,000 in damages, plus additional compensation for any actual harm they caused. If you win, the collector may also be responsible for paying your lawyer fees and costs.
They are generally prohibited from contacting you before 8 a.m. or after 9 p.m. The law also requires debt collectors to follow instructions you give them about when and where you don't want to be contacted.
One of the most rigorous rules in their favor is the 7-in-7 rule. This rule states that a creditor must not contact the person who owes them money more than seven times within a 7-day period. Also, they must not contact the individual within seven days after engaging in a phone conversation about a particular debt.
How many calls is considered harassment? Debt collectors cannot call you more than seven times in seven days. That doesn't mean they can call you three times in one day and four times the next day - that would likely violate the intent of the FDCPA.
In the new changes to Regulation F, the frequency at which a collections agency can contact a consumer has changed. This change, presented in Section 1006.14B21A, addresses telephone call frequency and restricts agencies to contacting a consumer seven times within seven consecutive days.
A charge-off can lower your credit score by 50 to 150 points and can also look very bad on your credit report. It signals to potential lenders that you could skip out on your debt obligations for extended periods of time.
Does disputing a debt restart the clock? Disputing the debt doesn't restart the clock unless you admit that the debt is yours. You can get a validation letter to dispute the debt to prove that the debt is either not yours or is time-barred.
What are three things that a debt collection agency cannot do?
Debt collectors cannot harass or abuse you. They cannot swear, threaten to illegally harm you or your property, threaten you with illegal actions, or falsely threaten you with actions they do not intend to take.
If you ask a debt collector to stop all contact – regardless of the communications channel – the collector must stop. Keep in mind, though, that you may still owe the debt. If you don't want a debt collector to contact you again, write a letter to the debt collector saying so.
There is no set number of phone call required in order to get a harassment charge. A single call can be cited as harassment based on the content of the conversation and the guilty party can face huge fines.
| State | Oral Agreements | Written Contracts |
|---|---|---|
| Arkansas | 3 years | 5 years |
| California | 2 years | 4 years |
| Colorado | 6 years | 6 years |
| Connecticut | 3 years | 6 years |
Collection agencies usually won't sue you for a debt of less than $500. While every collection agency has a different policy regarding debt lawsuits, you should feel reasonably safe from a legal claim if you owe less than $500 on a debt. However, if you receive a court summons from a collection agency, don't ignore it.
