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You already know how awful your financial situation is, and you have every intention on paying your past due accounts, but you do not need the constant phone calls from bill collectors to remind you of your past due bills and to demand that you send them money that you DO NOT readily have.
Simply put, you just need some room to breathe.
If you can just get the phone to stop ringing, and not have a debt collector on the other end, you just might be able to think more clearly and figure out a way to raise some extra cash to pay your bills.
You will be glad to know that the Fair Debt Collection Practices Act (FDCPA) gives you the ability to put a stop to debt collector phone calls.
It is as simple as sending a Cease and Desist Letter to the offending collection agency.
Make sure that you send this letter by Certified Mail so that you can have a signature from the agency showing proof of delivery from the post office.
Always remember the fundamental rule: If you cannot prove it in writing, it did not happen.
Once the agency receives your letter, they may contact you once more to notify you that they in fact received your letter and to notify you that calls will be terminated.
They may also provide you their contact information for when the time comes that you wish to contact them to make arrangements.
NO FURTHER ATTEMPT MAY BE MADE OVER THE PHONE TO COLLECT THE PAST DUE ACCOUNT.
Now for the bad news.
While the FDCPA affords you the right to put a stop to the collection phone calls, the Cease and Desist Letter does not stop the collection process.
You are still very susceptible to having your past due account reported to one or more credit reporting agencies, such as Equifax, Trans Union or Experian, if it has not been reported already.
In addition, it does not stop the creditor from taking legal action against you if they choose to do so.
Depending on the terms of your agreement with the original creditor, additional interest, collection costs, attorney fees, and any other costs related to the collection of your past due account may be added to your already past due balance, making it that much harder for you to bring your account current.
Hard times most often always come to an end and Good Days eventually come around again.
In my view, I would rather leave the lines of communication open and have some control over the collection process.
However, if you do decide to send a Cease and Desist Letter, take advantage of the breathing room this strategy will give you, and take pro-active action to do whatever you can (within the law) to make some extra cash to cover your past due account, because though you may have put a stop to the collection calls, the collection process continues.
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