The FDCPA only covers collection agency, although most credit card companies abide by it.

Brent

Telling them to stop calling you on the phone never works.

You will need to send them a letter, telling them that they are in violation of the FDCPA and are harassing you. Send it certified, and get a receipt.

Then, start recording the calls. If they still bug you, you can sue them.

If you have broken a promise to pay, they may choose to come after you in court. In that case, a lawyer may be your best bet.

My book, Credit Cleanup, has more information about this, and it may help you out.

Good luck!

Brent

I have an article, vcalled ‘The Top Ten Questions A Debt Collector Might Ask You’, that goes over what to say, or more importantly not say, if you do end up talking to a collector. However, your comments make me think an article is in order to discuss how to avoid them all together. Something to write!

You can get a copy of that article here: http://www.mycreded.com/whatadebtcollectormightaskyou.html

The best thing for a consumer to do about collection calls is to realize that the collectors have no power whatsoever to collect money that the consumer doesn’t have. One should never speak to a telephone collector. They call for 3 reasons: 1) To scare you into paying a debt you don’t have to pay, 2) To get information about you that they don’t already have, which translates to power or ability to actually find something to take from you, 3) To earn bonuses by collecting debts that for the most part do not at all have to be paid. Anyone who pays a collector as opposed to the original creditor is merely icing someone’s cake. And that someone is likely a filthy scumbag.

If a debtor qualifies for bankruptcy, he simply does not have to pay the debt, and usually never has to file bankruptcy. Some collectors will sue for a debt that doesn’t seem to be enough to sue for. I’m not sure, but that seems a bit scare tactic-ish as well. Going to court because you are being sued for a debt does not suddenly line your pockets with cash to pay that debt. But if you are uninformed, you might be terrified to step foot into a court of law. That might motivate some to create the money out of thin air, think the collectors.

Wages aren’t garnished if your source of income is not known. Don’t talk to collectors. Don’t go to court unless you are required by law to do so. Being sued does not necessarily mean you are required by law to attend. If you are sued and cannot pay, find out if not appearing is a crime. A lawsuit isn’t a subpoena, but find out beforehand if yours is an exception. It IS a crime to behave improperly toward a judge, so you might be forced to reveal damning information (like where you work) if you do appear.

Don’t be afraid of your phone ringing. Screen your calls, keep records, and report violators, but don’t talk to them.

Hey wait a minute, this is your blog, not mine!