Debt collectors phone calls.
Can a debt collector call me late at night?
I don't know for sure. I find it hard to believe a company would have their collectors calling you at night. But if you worked a midnight shift job and they knew it, perhaps they would then.
Last year I had issues with my Amex account - they didn't mind ringing at night, that's for sure. I hate it when people ring me at dinner time, unless they're friends. I hated getting these Amex calls, and the best thing we ever did was to get rid of our Amex cards, and lift our game with dealing with credit cards.
Just because someone wants to give you a new card, it doesn't mean you have to do it. I look very carefully at these offers now, and it would have to be a fantastic offer to make me change.
FDCPA regulates that a debt collector can not call you before 8 am or after 9 pm. So if you are getting calls after 9pm then you need to look into who to contact to rectify the situation.
This is really cool. After I filed for bankruptcy my lawyer told me that when the debt collectors call just tell them you have filed for bankruptcy and give them his name. I thought "sure like that's going to work." But wow! it really did work, I never had to tell a bill collector twice. The best part about bankruptcy was getting rid of the phone calls.
On that same theme if you ever retain a lawyer to deal with your collection/debt issues you can inform your debt collectors that all correspondence needs to go through your attorney and not to contact you any further and from that point on they must direct all calls to your attorney.
I know like most people I Can't afford a lawyer to deal with my debt. I have learned that just telling them that I don't have the money is all I Can say. There isnt too much I can really do.
You can mail them a cease and desist letter by certified registered mail. Once they get this letter, about 3 days from mailing, they must stop all contact with you. The only exception is they can contact you one more time to tell you what they plan on doing with your file.
If they contact you after receiving the letter, take them to small claims court. You will win. Collecting on the judgment is another matter but that opens a whole new path should you wish to pursue it.
That's very interesting Sandalwood - any ideas if it applies to other countries too? I'm from Australia.
| A debt collector CANNOT telephone you particularly at weird timings as per the federal Fair Debt Collection Practices Act, which was enacted to stop unfair debt collection practices by debt collectors. If you have any further legal queries which is quite bothering you please check in: www.yourcollectionrights.com |
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