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What If I Want A Debt Collector To Stop Calling Me?

by MalloryMegan

A third party debt collector may call the debtor's place of employment, but they are limited in what they can disclose. They are not allowed to tell an employer about a debt, or to try to get a debtor fired. Generally, a collection agent is prohibited from discussing your debt with anyone but you and the credit bureaus, however in some states speaking with a debtor's spouse is permitted.

While it may not be the best idea, according to the Fair Debt Collection Practices Act, a debtor can notify a debt collector in writing telling them that they want to cease further communication and the debt collector must comply. The collection agent is generally allowed one more contact to inform the debtor how they intend to proceed with their case. While ceasing communication with debt collectors might seem relieving, it is essentially relinquishing control over your financial situation, and a debt collector is still fully capable of negatively marking your credit score or taking you to court.

The request to cease communication must be written, preferably citing the FDCPA and sent by Certified Mail, Return Receipt Requested. If a creditor was not sure about whether or not to file a lawsuit against the debtor, the decision will generally be made right after this point, instead of being decided later.

Again, just because the collection agent can no longer contact you anymore does not make the debt go away. After a consumer has sent a "cease and desist" notice to their debt collector, their debt will either be returned to the original creditor, passed on to another third party agency, or in rare instances, filed away simply as uncollected, all depending on the circumstances.

Try to remember however, when the debt collector calls, they often have the authority to offer you a repayment plan or a reduced amount to pay, which will absolve you of your debt so you don't have to worry about it anymore, and make it easier for you to pay. Although they get a lot of bad press, most debt collectors are for the most part friendly and more than happy to work with you if you want to work out some sort of payment. It's a win-win situation for both parties: your debt has been paid and the collector gets a nice commission check for the week to bring home.

About the Author: Frank Cole