Originally posted 2010-02-21 06:52:08. Republished by Blog Post Promoter

Let’s face it sometimes bad things happen to good people and before you know it you are falling behind on your bills. This doesn’t mean you should be subjected to harassing phone calls that make you feel like a criminal does it? Or how about those calls early in the morning that wake up the whole family or late in the evening after everyone has already gone to sleep. Many people have reported debt collectors using profane language, pretending to be attorneys or government representatives, or even insinuating that they would take away property from you that they have no right to take. This can leave you feeling embarrassed and bewildered and the truth is you don’t have to put up with it anymore.

You should know that the Fair Credit Collection Practices Act (FDCPA) protects you as the debtor. The law does not negate the debt you own but it insures that you are treated fairly by debt collectors and it even prohibits certain types of collection practices.

If you are currently in this situation and you are concerned with maintaining a decent credit score in the future it is a good idea to try and make realistic payment arrangements that you can afford. If they try to get you to agree to term that you know you can not handel simply let them know and remember to never agree to any arangements that just won’t work for you.

If however collectors are unwilling to cooperate and continue to harass you, ask them to stop calling. This usually will stop the calls but in case it doesn’t you can then send them a Cease and Desist letter. This is much easier than it sounds. Here is what you can do.

Ask the caller for his companies name and address. (This is information they must disclose so do not be afraid to ask for it) Then write a standard business letter with your name and address at the top, the date, and your account # in question. Under that you will put their company name and address then after a brief greeting you can state, According to the Fair Debt Collection Practices Act,15 U.S.C. section 805., you are hereby notified to cease and desist all further communication with me in regard to the referenced account. Failure to comply will result in a complaint being filed against you with the Federal Trade Commission, the Attorney General of your state. I also reserve the right to file suit against you for any future violations of this law. I will record any phone calls if you fail to comply with this notice. Then ad your own conclution and your signiture. You want to be sure to mail the letter using certified mail using the return receipt requested feature.

This process almost always works but remember they do still have a right to continue to collect the debt. They can file a law suit to try and collect the debt. Although sending a cease and desist letter is a valuable tool, it should only be used when absolutely necessary and after reasonable negotiations have failed. Keeping open communication is a better choice as long as you are not being harassed.

Antonio Filippone is a respected Speaker, Author, and Consultant on the topic of financial planning for middle American people.Readers who are interested in learning how to quickly fix their money problems can read his unique story at http://www.NotYetWealthy.com

Article Source: ArticleSpan

Filed under: Debt Collection Articles

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