don't give them the time of day.
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There's no law that says you have to communicate with a debt collector by phone. If you hang up on a debt collector there is nothing they can do about it. But, if the collector continues to call you repeatedly even after you have hung up on them, they are in violation of the FDCPA.
All you have to do to stop debt collectors from calling you is tell them that you prefer to communicate with them in writing. Written communication works in your favor because it gives you a record of everything that is said. If the debt collector violate the FDCPA, you have hard evidence that could lead to a lawsuit in your favor. Keep in mind that, by law, the debt collector does not have to honor this request.
The surest way to stop debt collectors from calling you is by sending what is known as a cease and desist letter. In the letter, state that the collector should cease and desist further communication with you. Note that the cease and desist letter only applies to debt collectors, not the original creditor.
What Happens After the Cease and Desist
Once the collection agency receives your cease and desist letter they can communicate with you once more, via mail, letting you know one of three things: that further efforts to collect the debt are terminated, that certain actions may be taken by the debt collector, or that the debt collector is definitely going to take certain actions.
When you send the cease and desist letter to the debt collector, send it via certified mail with return receipt requested. This will provide proof that the letter was sent and received. If the debt collector communicates with you beyond the single instance allowed by law, this evidence will allow you to seek punitive action against the debt collector.
A lot of people get the statute of limitations confused with the credit reporting time limit. While they’re both time limits related to debt, they have different effects.
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The statute of limitations for collecting a debt is the period of time that a creditor or collector can use the court to force you to pay for a debt. The time period starts on the account’s last date of activity and varies by state.
How to Use the Statute To Your Advantage
The statute of limitations starts on the last date of activity on the account. (Keep in mind this can be different from the date the account went past due.) Your credit report will include the account's last date of activity.
Even if the statute of limitations has expired, some debt collectors will continue to attempt to collect. They're hoping you don't know about the statute of limitations and you'll pay up if they threaten you enough. They may even file a lawsuit against you. If you are certain the statute of limitations has expired, you can use that fact as justification that you do not have to pay the debt.
Be careful not to restart the statute of limitations. Anytime you take an action with an account, the statute of limitations is restarted. Making a payment, making a promise of payment, entering a payment agreement, or making a charge using the account can restart the statute of limitations on an account. When the clock restarts, it restarts at zero, no matter how much time had elapsed before the activity.
If they are robo-spamming you on a cel phone, they are breaking the law. Text them that they are illegally robo-spamming a cel phone. & order them to cease & desist. You are paying for the robo spam. Not allowed.
It's a cease & desist order, & you have proof you sent it. Just don't delete it.
Never agree to anything w/a collector. Just say you will have to get back to them, or your lawyer will.
Then don't.
They bought your debt. They own it, & you don't owe them jack.
You most likely paid the principal before they jacked up the interest on you, & the original creditor has written it off for bigtime tax credits.
It's a huge scam, & we're the patsies.
Maybe it's time we start to think like them.