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How to Stop Debt Collectors from Contacting You
How do you get a debt collector to stop contacting you? It’s actually easier than you might think. We asked Steve Recordon, an attorney from San Diego, California whose firm represents individuals who have been sued or harassed by debt buyers, to provide consumers with an answer. Here’s what he told us:
The first thing you need to do is identify the debt collector. In many cases, they don’t want to tell you who they are. So, if you’re getting phone calls, ask who it is. Get a name and an address if they haven’t sent you letters, which would already provide you with that information and send them a letter telling them to stop calling you at home and at work and demand that they validate the debt.
You do this in writing, you do it registered and you ask for a return receipt so you can prove it in court if you have to. After that, they have 30 days to validate the debt. The validation process is really pretty simple. They just have to say this is the account number, this is the original creditor and this is the amount. However, sometimes they don’t even have that. If they continue making phone calls after that, then they’ve violated the Fair Debt Collection Practices Act (FDCPA).
You have rights
Debtors should realize that they have rights and should deal with debt buyers accordingly. Recordon told us that in order to do that, debtors should write down everything the debt collector said. He explained, “Write down all the circumstances surrounding the contact such as the time, what the debt collector said and what their responses were.”
He also says that it’s important to remain calm, realize that these people are violating the law and understand that there are remedies for those violations. Finally, he advises debtors to contact an attorney, discuss their situation, find out what their options are and let the attorney take over the process.
If you’re being harassed by a debt collection company, contact an attorney to discuss your situation and evaluate your options. Consultations are free, without obligation and are strictly confidential. Click here to speak with an experienced debtor’s right collection lawyer who understands the Fair Debt Collection Practices Act (FDCPA).
See our article on “How to Stop Debt Collection Buyers Telephone Harassment.”
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