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Debtor Creditor Law Practice Handbook Article
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Stopping Creditor Calls
from:Federal and state laws are on the side of those who are in the process of stopping creditor calls, progressing beyond the normal range of decency and respectability--as long as a collection agency is the one at hand, not the original creditor. And stopping creditor calls can actually be prevented best by the consumer themselves, through direct communication with the original creditor. So why is it that so many consumers refuse to do anything about this form of creditor harassment?
The truth is, most people are totally ignorant on how credit and the creditors work, which supports the theory that not enough knowledge can do great harm. Stopping creditor calls can be easy or hard, depending on how armed the consumer is with knowledge regarding that they do have rights, and the creditor has a purpose other than to get the payment from them and take a cut.
Rights to protect debt consumers are taken from the Fair Debt Collection Practices Act (FDCPA), a governmental company which has laws regarding certain types of practices allowed and not allowed, by bill collectors and credit agencies. Stopping creditor calls should begin with the FDCPA in order to process the act of stopping creditor calls legally, if not contacting them to handle a case, but by at least reading it and recognizing what the consumer's rights consist of. And the law specifically says that no calls can be made to a place of employment without permission of the consumer, and no contact can be made before 8 a.m. or after 9 p.m. by the credit agency.
Debt collectors, creditors, or credit agencies are allowed to contact the consumer, friend, family or employers. They have this right to attempt to obtain an unpaid debt, but stopping creditor calls can prevent a lot of stress if the creditor has been doing it in a harassing manner over time. Of course, remember and document any contact that is made, illegal or illegally, focusing on the fact that any contact needs to involve the debt in question by the consumer, but cannot be referred to or that the creditor implies they are contacting for an unpaid debt. Debts that have accumulated over time cause stress on a person, on marriages, and in a relationship—and can occur for many reasons, such as illness, job loss, reduction in the overall mental issues, or even death.
Most creditors threaten court action or seizing property, through phone calls, home visits, and bill collection letters—which would require going to court first in an attempt to obtain the full amount. And most courts will attempt to work out a payment plan. And once a person files bankruptcy because there is no money for any sort of payment plan through a federal restraining order called an "automatic stay," the debt collector legally can no longer contact the consumer. The only exception to this rule is if the debt involved has missed or been overlooked, not listed in the bankruptcy debt list. Stopping creditor calls is easy, with many routes available—it just involves a little research and some phone calls.
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